Understanding court orders and eligibility
Table of contents
- What are domestic violence orders?
- How court orders relate to one another
- Protection Order
- Safety Order
- Barring Order
- Interim Barring Order
- Emergency Barring Order
What are domestic violence orders?
Domestic violence orders are court protections. They are made by a judge and come with specific instructions or directions. Some direct a person accused of abusive behaviour to stop committing further acts or threats of violent behaviour. Others direct that person to leave - and stay away from - you and your dependent children (if applicable) and the home. You will need to explain to the judge in court why you are asking for a specific order.
If you are the person asking for an order to protect you from acts or threats of domestic violence you are known as the applicant. The person you are asking the court to make an order against is called the respondent.
Most applications for domestic violence orders are made in the District Court. However, some are made in the Circuit Court or High Court. These are often as part of other cases such as divorces or judicial separations.
How court orders relate to one another
Each court order has a specific time limit to help protect you and your children (if applicable) from abusive behaviour. Remember also that a judge can only make the specific court order that you apply for. You might want to read the information about the different types of orders to make sure that you apply for the correct ones for you.
The judge can make orders that take your long-term safety into consideration. These are a Barring Order or a Safety Order . These can last for several years.
The court can also make orders that take your immediate or short-term safety into consideration. These are a Protection Order , an Interim Barring Order and an Emergency Barring Order.
If you want to apply for a Protection Order, you must also apply for a Barring Order or a Safety Order, or both. If you want to apply for an Interim Barring Order, you must also apply for a Barring Order, or a Barring Order and a Safety Order.
Each court order also addresses specific violent behaviour. For example:
- They can direct someone to stop committing further violent acts or threats. To do this, you can apply for a long-term Safety Order or immediate Protection Order.
- They can also direct someone to leave the home . To do this, you can apply for a long-term Barring Order or immediate Interim Barring Order.
- They can direct someone to leave the home where you have fewer or lessproperty rights in the home. To do this, you can apply for an immediate Emergency Barring Order.
Protection Order
A Barring Order is a full or long-term order from the court.
It directs the respondent to leave - or stay away from - your home and any dependent children. In some cases, it can direct them to stop using - or threatening to use - violence against you or putting you in fear. It may also direct them to stop following you, or communicating verbally or electronically with you or dependent children.
It can only be issued to current spouses or civil partners, or certain people who have an equal or greater ownership rights in the home than the respondent.
If you need immediate protection, you can apply for either an Interim Barring Order or Protection Order. You can do this while you wait for the court to hear your application for a full Barring Order. Both applications can be made at the same time.
How long does a Barring Order last?
A Barring Order made by the District Court can last for up to 3 years. This time limit also applies to a Barring Order made by the Circuit Court on appeal from the District Court.
An application can be made to renew a barring order on or before the date that it expires.
Who can apply for a Barring Order?
A current spouse or civil partner of the respondent can apply.
The following people may also apply if they have an equal or greater interest in the property than the respondent. This is called "satisfying a property test":
- Former spouse or civil partner.
- A person who lives or lived with the respondent in an intimate relationship. The nature of the relationship will be a matter for the court to decide.
- A parent of a respondent where the respondent is over 18 years of age but is not a dependent of the parent.
Tusla, the Child and Family Agency, can apply on behalf of any eligible aggrieved person. This means someone who in the opinion of Tusla is vulnerable to, or the victim of, domestic violence This person may be an adult or a dependent person.
Safety Order
A Safety Order is a full or long-term order. It directs the respondent to stop committing further violence or threats of violence. If the respondent is living with you, it does not order them to leave the home.
If the person is not living with you, it directs them to stay away from, being near or watching your home. A Safety Order might also direct them to stop following you or communicating verbally and electronically with you or dependent children.
A judge will decide on these issues on a case-by-case basis.
How long does a Safety Order last?
A Safety Order made by the District Court can last up to 5 years. This time limit also applies to a Safety Order made by the Circuit Court on appeal from the District Court.
An application can be made to renew a Safety Order on or before the date that it expires.
Who can apply for a Safety Order?
The following people and organisations can apply:
- Current spouse or civil partner.
- Former spouse or civil partner.
- A person who was in an intimate relationship with the respondent before applying for a safety order. The nature of the relationship will be a matter for the court to decide.
- A parent of the respondent where the respondent is over 18 years of age and is not a dependent of the parent.
- A parent of a child whose other parent is the respondent.
- An adult who lives with the respondent in a non-contractual relationship, such as two relatives living together.
- Tusla, the Child and Family Agency, on behalf of an aggrieved person. This means someone who in the eyes of Tusla is vulnerable to, or the victim of, domestic violence. This person may be an adult or a dependent person.
Barring Order
A Barring Order is a full or long-term order from the court.
It directs the respondent to leave - or stay away from - your home and any dependent children. In some cases, it can direct them to stop using - or threatening to use - violence against you or putting you in fear. It may also direct them to stop following you, or communicating verbally or electronically with you or dependent children.
It can only be issued to current spouses or civil partners, or certain people who have an equal or greater ownership rights in the home than the respondent.
If you need immediate protection, you can apply for either an Interim Barring Order or Protection Order. You can do this while you wait for the court to hear your application for a full Barring Order. Both applications can be made at the same time.
How long does a Barring Order last?
A Barring Order made by the District Court can last for up to 3 years. This time limit also applies to a Barring Order made by the Circuit Court on appeal from the District Court.
An application can be made to renew a barring order on or before the date that it expires.
Who can apply for a Barring Order?
A current spouse or civil partner of the respondent can apply.
The following people may also apply if they have an equal or greater interest in the property than the respondent. This is called "satisfying a property test":
- Former spouse or civil partner.
- A person who lives or lived with the respondent in an intimate relationship. The nature of the relationship will be a matter for the court to decide.
- A parent of a respondent where the respondent is over 18 years of age but is not a dependent of the parent.
Tusla, the Child and Family Agency, can apply on behalf of any eligible aggrieved person. This means someone who in the opinion of Tusla is vulnerable to, or the victim of, domestic violence This person may be an adult or a dependent person.
Interim Barring Order
An Interim Barring Order is a temporary or short-term order. It is also an immediate order.
It directs the respondent to leave - and stay away from - your home and any dependent children. They must do this once they are aware that the order is in place. In some cases, it can direct them to stop using - or threatening to use - violence against you or putting you in fear. It may also direct them to stop following you, or communicating verbally or electronically with you or dependent children.
A judge can make this order if they believe there is an immediate risk of significant harm to you or dependent children and that a Protection Order would not be a sufficient safeguard.
You can apply for an Interim Barring Order while you wait for the court to hear your full application for a full Barring Order. Both applications can be made at the same time.
Applications for an Interim Barring Order are usually made 'ex-parte'. This means that the application is made without the respondent being made aware.
How long does an Interim Barring Order last?
It remains in place for a maximum 8 working days or until the court hears your application for a full Barring Order.
If you do not appear in court for the hearing of your Barring Order application, your application may be 'struck out' by a judge. This means that the protection of the short-term Interim Barring Order is no longer in place.
Who can apply for an Interim Barring Order?
A current spouse or civil partner of the respondent can apply.
The following people may also apply if they have an equal or greater interest in the property than the respondent. This is called "satisfying a property test":
- Former spouse or civil partner.
- A person who lives or lived with the respondent in an intimate relationship. The nature of the relationship will be a matter for the court to decide.
- A parent of a respondent where the respondent is over 18 years of age but is not a dependent of the parent.
Tusla, the Child and Family Agency, can apply on behalf of any eligible aggrieved person. This means someone who in the opinion of Tusla is vulnerable to, or the victim of, domestic violence This person may be an adult or a dependent person.
