Family Law – services

Barring Order

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Under the Domestic Violence Act 1996, Gardai have the power to arrest and prosecute a violent family member. Under the law there are two main kinds of protection available, a safety order and a barring order. A barring order is an order which requires the violent person to leave the family home. The order also prohibits the person from further violence or threats of violence, and from watching or being near your home. A barring order can last up to 3 years.

Applying for an order

To get a barring order or a safety order you must attend a District Court hearing. While you are waiting for the court to hear your application, the court can give you an immediate order called a protection order. The protection order has the same effect as a safety order.

In exceptional circumstances the court can grant an interim barring order. This is an immediate order, requiring the violent person to leave the family home.

The safety order or the barring order can be renewed by applying for a further order before the previous one has expired.
The court will grant an order where it believes that your safety or welfare, or the safety or welfare of a dependant, requires that an order is granted. Under the legislation, welfare includes both physical and psychological welfare.

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