Domestic Violence Solicitor Dublin
Family Law: Domestic Violence
The Domestic Violence Act 1996
The Domestic Violence Amendment Act 2002
The Domestic Violence Act 1996 provides for the protection and safety of married couples, co-habiting couples, children and any other people who live in a domestic relationship.
Under The Domestic Violence Act 1996, the following Orders may be obtained:
- Safety Order
- Barring Order
- Protection Order
- Interim Barring Order
If any of these Orders are breached by either party, the Gardai have immediate powers of arrest.
Maura Hurley Solicitors is one of Dublin’s best know Family Law Solicitors specialising in domestic violence based in the Ormond Building, 31-36 Ormond Quay Upper, Dublin 7
To discuss your case contact the office of Maura Hurley Solicitors on +353-1-526-6723 or click here to email
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This Order prevents a party from committing further violence or threatening violence against another party. The party against whom the Safety Order is granted is not required to leave the family home.
An Order made by a District Court can last up to five years – before this Order expires an Application can be made to have it extended for a further five years or for a shorter period.
The Circuit Court can grant a Safety Order of unlimited duration.
No compliance with a Safety Order:
Under Domestic Violence Act it is an offence to breach a Safety, Protection, Barring or Interim Barring Order. The penalty is a fine and/or a prison term of 12 months. Gardai can arrest a Respondent without a Warrant or enter and search any place they suspect that person to be.
This Order requires the violent person to leave the family home when the Order expires or is set aside. The District Court may grant a Barring Order for up to three years and an Application for an extension can be made. There is no time limit on such an Order if it is made by the Circuit Court.
While you are awaiting for the Court to decide on an Application for a Safety or Barring Order the Court can give you an immediate Order called a Protection Order. This has the same effect as the Safety Order but as it is only intended to last until the Court decides on your case i.e. until the hearing date , it is temporary in nature.
Interim Barring Order
In exceptional cases this Order will be granted, there must be evidence of immediate risk of significant harm to the persons applying and a Protection Order must also be considered insufficient in the circumstances. This Order can be granted without the knowledge of the other’s party. That person however has to be served immediately with a copy of the Statement upon which the Order was made. A full Court Hearing has to take place within eight working days of the Interim Barring Order being made.
MARRIED / UNMARRIED / CIVIL PARTNERSHIP
If you are married or in a civil partnership, and can show the court that your spouse/civil partner is violent in any way towards you or the children, you can get an order against him/her no matter how long you have lived together and even if he/she owns most or all of the house.
If you are not married or in a civil partnership, you can get a safety order against a violent partner if you are living together in an intimate and committed relationship. You can also get a safety order against a person with whom you have had a child but are not living with or have never lived with the person.
If you are not married or in a civil partnership, you can get a barring order against a violent partner if:
• you have been living together in an intimate and committed relationship for six out of the previous nine months and
• he/she does not own most or all of the house you are living in.
Section 6 of the Domestic Violence Act 1996 sets out that the Health Service Executive (HSE) may seek a Barring Order against a violent adult on behalf of a child, whether or not that violent adult is married to the child’s parent. A parent can apply for protection against domestic violence by their own child if the child is over 18.
Others living together can also apply, for example, two relatives living together could be covered.