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The District Court can make:
> a barring order for any period up to three years.
The Circuit and High Court can make orders for unlimited periods.
Who can apply for domestic violence remedies?
The following people may apply for orders under the domestic violence legislation:-
> civil partners;
> cohabitees who satisfy certain cohabitation / property requirements;
> parents of adult children who wish to seek orders against those children;
> persons living together in a relationship the basis of which is not primarily contractual; and
> a parent of a child against the other parent. .
A court may grant a safety order (including a protection order) if the parties have been living together in an intimate and committed relationship.
When may a court grant a barring order to cohabitees?
A court may grant a barring order to cohabitees who have lived together in an intimate and committed relationship for six months during the nine month period before making the application.
When may a barring order NOT be granted to cohabitees?
Can I get a protection from an adult child?
Yes, you can apply for either a safety or a barring order against an abusive adult child.
When will the court NOT grant a barring order against a child?
A court will not grant a barring order against a child who;
> owns the place of residence; or
> who has greater ownership rights than the parent seeking protection.
When can persons living together apply for protection against either other?
Persons living together in the same house may apply for protection against each other. The person against whom protection is sought must be over the age of 18 years. However, the court will not grant protection if it considers that there is a contractual relationship between the persons.
Can a dependant child apply for protection?
No. A parent may apply for protection on behalf of his / her own child. The Health Service Executive may apply for protection on behalf of a person and / or that person’s dependent children in circumstances where the person cannot apply himself / herself.
What happens if a person does not obey a court order?
A breach of any order made under the domestic violence legislation is a criminal offence. The Gardaí can arrest and charge a person who breaches such an order.
Other criminal offences
Regardless of whether or not court orders are made under the domestic violence legislation, physical and / or sexual violence is a crime. The Gardaí have the power to arrest and charge a person who is violent. In the case of married persons it is also an offence to remove household items from a family home while there are proceedings pending under the domestic violence legislation.
The Court can make other orders at the same time as Domestic Violence Orders
At the same time as the Court is hearing the application for an order(s) under the domestic violence legislation it can also make maintenance, custody and access, child care and orders under the Family Home Protection Act. Generally, courts prefer separate applications for these orders to be made.
Legal Aid Board,
Tel: (066) 947 1000
Fax: (066) 947 1035
Locall No. 1890 615 2000