WHO CAN APPLY FOR COURT ORDERS

The following people may obtain protection under Domestic Violence Legislation.

Spouses: Against each other.  Time limits below do not apply.

Co-habiting couples applying for:

SAFETY ORDER:
The couple must have lived together for at least ‘6 months in aggregate during the period of 12 months immediately prior to the making of the application for the Safety Order’.
Domestic Violence Act 1996

BARRING ORDER:
The couple must have lived together for at least ‘6 months in aggregate during the period of 9 months prior to the making of the application of the Barring Order’.
Domestic Violence Act 1996

A Barring Order will not be made against a co-habitee who owns the place of residency or has a greater ownership than the applicant.

In the case of co-habitees, where the woman has not lived with the perpetrator for the time required for either a Safety Order or a Barring Order application, their recourse may be through the NON FATAL OFFENCES AGAINST THE PERSONS ACT 1997.

A parent canapply for protection on behalf of his/her children.

Parents against their children over 18 years of age. The Court will not grant a Barring Order on a son or daughter who owns the place of residency or has greater ownership than the parent seeking protection.

Children can apply for protection but must have someone to apply on their behalf i.e the Health Board or an adult.

Health Boards can apply for protection on behalf of a woman and her dependant children in circumstances where a woman cannot apply herself.

REMEMBER regardless of whether there is a court order made under the Domestic Violence Law physical and/or sexual violence is a crime, the Gardaí have the power to arrest and charge any person who is violent.


HOW TO APPLY FOR A COURT ORDER

The process involves phoning or calling to your District Court Clerk who will fill out forms with you. West Cork Women Against Violence Project can provide information as to the times, dates and places where your district office is. The Clerk will then give you a date to see the Judge where you can ask the Judge to grant a PROTECTION ORDER in order to prevent the abuser putting you in fear. This order if granted, stays in force until the hearing for a Safety Order or Barring Order. The abuser will receive notice by post that you have applied for a Safety Order. That is why it is important to have the initial Protection Order. The woman does not need legal representation for a Protection Order hearing. For safety reasons, the perpetrator does not have to be informed of her intention to apply for the Protection Order. It is important to note that a Protection Order cannot be applied for on its own.

If it is the woman’s decison to apply for a Barring Order, it is recommended that she also applies for a Safety Order at the same time. In the event that the Barring Order is refused, the Safety Order will provide protection if it is granted. On the court day, it is advisable to be at the court prior to its starting date and inform the court clerk that you are there.

The Court will not grant a Safety Order on the court day unless the Safety Order was applied for at the same time as the Barring Order.