Anti Social Behavior Order

lucianot

Hello,

How long does it tipically take for it to be effective since the request is made at the local Garda station?
How is it investigated and controlled/enforced?

I would really use any information you can provide about this.
Thanks!

MagicSean

It's effective from whenever the garda decides to issue it. What do you mean you requested it? Who did you make the request to?

lucianot

Thanks.
I have serious issues with a neighbour (I am not a gard) I went to the Garda station and asked the gard at the front desk to help me, that being issuing a ASBO against this person.
She said she would look into it, asked for all the details, list of issues, etc and then she gave me her name after I asked for it as a reference as no process number or similar was issued.
That was all, I don't know how long is going to take or what steps are involved or if a gard can say "I am going to investigate" and then do nothing as can happen in my own country

MagicSean

She might not issue an ASBO. She might just talk to the neighbours.It's up to her to decide if she feels an ASBO is needed. The best thing for you to do is to keep a diary of incidents for the next few weeks and if things don't improve go back to her with the diary and show her what has been going on.

lucianot

I understand now. Thanks.
I am already keeping a dense diary, I gave her a copy plus faxes I;ve sent ot the property management company, etc.. I also told her I have videos.
I am doing this out of frustration, I hope she decides to investigate and confirm that I am not exaggerating anything.
Thanks.

cushtac

Gardaí cannot issue ASBOs, only the local district court judge can on receipt of an application by the superintendent. As far as I'm aware not many have been issued.

lucianot

That makes sense, but I can't go to the superintendent itself with my complaint so the process starts with the gard at the station.
Thanks.

MagicSean

Before an ASBO can be issued the person has to be issued with a behaviour warning by a garda and breach it.

lucianot

OK, that's why the Garda was there yesterday. I thought I would be notified.

deisemum

Once an ASBO has been issued/served what then happens to the culprit?

Delancey

deisemum wrote: »

Once an ASBO has been issued/served what then happens to the culprit?

The theory is that the subject of the ASBO has their behaviour monitored and breaches of the order are brought to the court for sanction.

As has been mentioned already very , very few ASBO's have granted in this country and there are those who argue their introduction was little more than a cynical political stunt.
In the UK it is a very different matter and many thousands of ASBO's have been made but the process here is very different and really they are quite rare.

deisemum

delancey42 wrote: »

The theory is that the subject of the ASBO has their behaviour monitored and breaches of the order are brought to the court for sanction.

As has been mentioned already very , very few ASBO's have granted in this country and there are those who argue their introduction was little more than a cynical political stunt.
In the UK it is a very different matter and many thousands of ASBO's have been made but the process here is very different and really they are quite rare.

That's along the lines that I was reading, next door neighbours got a behavioural warning over the weekend and have been told if there's one more complaint then an ASBO will be served against all in that household.

NickDrake

No ASBO's have been issued in Ireland. So there is no hope of one being issued. The courts are refusing the issue them.

As the posters have said above a behavioural warning must be issued first.

Delancey

NickDrake wrote: »

No ASBO's have been issued in Ireland. So there is no hope of one being issued. The courts are refusing the issue them.

As the posters have said above a behavioural warning must be issued first.

Wow ! None issued ? I had thought perhaps a handful had gone through - why are the courts refusing them ? Seems to be relatively straightforward in the U.K.

NickDrake

delancey42 wrote: »

Wow ! None issued ? I had thought perhaps a handful had gone through - why are the courts refusing them ? Seems to be relatively straightforward in the U.K.

Zero. The courts see them as a total last resort and are refusing to issue them.

The thing is if one is issued it could open the floodgates.

Purely policy factors by the courts,

There is a lot of academic debate as to their usefulness and the courts seem to be unwilling to get Ireland involved in it. Indeed the courts seem to be against the whole ASBO process by the looks of it.