WHO CAN APPLY FOR COURT ORDERS
The Civil Law (Miscellaneous Provisions) Act 2011 has meant changes to domestic violence legislation in relation to cohabitants -see the latest news section for more information.
The following people can obtain protection under Domestic Violence Legislation.
Spouses: can apply for all orders against each other. (Note spouses remain spouses unless they are divorced.)
Same sex cohabitants can now apply for orders under the DV Act in the same way as opposite sex cohabitants.
SAFETY ORDER:
Parents with a child in common regardless of cohabitation.
Cohabitants without any specific duration of cohabitation required.
BARRING ORDER:
Cohabitants applying for a Barring Order need to have cohabitated for ‘6 months out of the previous 9 months and have the same or greater interest / ownership in the property. Domestic Violence Act 1996
In the case of cohabitees, where a woman has not lived with the perpetrator for the time required for a Barring Order application, their only recourse may be through a Safety Order (see above) or the NON FATAL OFFENCES AGAINST THE PERSONS ACT 1997.
A parent can apply 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.
The Health Service Executive 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.
