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barring order & protection order

  • 30-04-2011 4:59pm
    #1
    jakdelad
    Closed Accounts Posts: 452 ✭✭


    barring order & protection order whats the difference
    are they for a period of time and then reviewed???
    many thanks


Comments

  • #2
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Barring order - respondant must leave house and not put applicant in fear
    Interim barring order - similar to a barring order but temporary and ends once the case for the barring order has been heard
    Safety order - respondant can reside in house but cannot put applicant in fear
    Protection order - similar to a safety order but temporary and last until court case


  • #3
    James Jones
    Registered Users, Registered Users 2 Posts: 534 ✭✭✭James Jones


    jakdelad wrote: »
    barring order & protection order. Are they for a period of time and then reviewed???

    Check out the Domestic Violence Act, 1996
    2.— (5) A safety order, if made by the District Court or by the Circuit Court on appeal from the District Court, shall, subject to subsection (6) (a) and section 13 , expire five years after the date of its making or on the expiration of such shorter period as the court may provide for in the order.
    2.— (8) The court shall not make a safety order on an application for a barring order unless there is also an application for a safety order before the court concerning the same matter.



    3.— (8) A barring order, if made by the District Court or by the Circuit Court on appeal from the District Court, shall, subject to subsection (9) (a) and section 13 , expire three years after the date of its making or on the expiration of such shorter period as the court may provide for in the order.
    3.— (11) The court shall not make a barring order on an application for a safety order unless there is also an application for a barring order before the court concerning the same matter.

    There is no time limit on a Barring or Safety Order granted in the Circuit court.


    A Protection Order
    “shall cease to have effect on the determination by the court of the application for a safety order or a barring order”.


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