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question, not legal advice

  • 28-01-2009 3:57pm
    #1
    cathy01
    Registered Users, Registered Users 2 Posts: 2,269 ✭✭✭


    I'm trying to work out in my head the reasoning behind this.
    A woman, feels threatened by a man, .
    This man is her ex partner, and also father to her children.
    Yet, she cant get a protection order against him.because they have kids.
    I cant see how having kids effects it.
    If shes afraid , then surely its her right to protect herself.It seem there has to be a incident before things escalate, which by then its too late.


Comments

  • #2
    Amazotheamazing
    Closed Accounts Posts: 8,048 ✭✭✭Amazotheamazing


    cathy01 wrote: »
    I'm trying to work out in my head the reasoning behind this.
    A woman, feels threatened by a man, .
    This man is her ex partner, and also father to her children.
    Yet, she cant get a protection order against him.because they have kids.
    I cant see how having kids effects it.
    If shes afraid , then surely its her right to protect herself.It seem there has to be a incident before things escalate, which by then its too late.

    Whoever told you that is wrong, you can get a Protection Order even if you have kids (or at least you can where I'm practising) a Protection order is a temporary order until a hearing for a Safety Order or Barring order can be arranged, it's not a long term solution in itself.


  • #3
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,549 Mod ✭✭✭✭johnnyskeleton


    There are criteria about obtaining barring/safety/protection orders where the people are not married. They have to have lived together for certain periods and there can also be issues about who owns the property etc. Because there are a number of issues here, each person in this situation should seek the advice of their solicitor.


  • #4
    cathy01
    Registered Users, Registered Users 2 Posts: 2,269 ✭✭✭cathy01


    ok, maybe a second opinion is needed.I cant see how a person is allowed to feel threatened and nothing can be done about it.Its mad.Does the ex partner need to have been convicted of an offence against the person?


  • #5
    Amazotheamazing
    Closed Accounts Posts: 8,048 ✭✭✭Amazotheamazing


    cathy01 wrote: »
    ok, maybe a second opinion is needed.I cant see how a person is allowed to feel threatened and nothing can be done about it.Its mad.Does the ex partner need to have been convicted of an offence against the person?

    Honestly, if you ring the Family office of your local District Court, they'll explain all this to you. If you can't afford a solicitor, they will let you know how to go about getting legal aid.


  • #6
    cathy01
    Registered Users, Registered Users 2 Posts: 2,269 ✭✭✭cathy01


    Hi thanks for that, but its no for me, and is more a question as to law as opposed to looking for legal advice, as I know thats not allowed on thei board.But..that said, all pointers are good.So thanks for the info.
    Cathy


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