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Obtaining restraining order

  • 13-08-2011 04:54PM
    #1
    Registered Users, Registered Users 2 Posts: 106 ✭✭


    Hello

    How do you obtain restraining order on someone from comming / conglomerating in specific area?
    Do you do this through Gardie's or lawyer?

    Also, can you get one against "minors" (16 etc)?

    And the last problem... what if you don't know the ID of some people you want to get it against? Are gardies any help in here if they know who these people are (eg. if i'd provide pictures of them).


    And on a side not, how enforceable is it, assuming judge would grant it. I know that judges would be like "yeah, you shouldn't be there", but what would they do about it? Monetary fees? Jail time?

    Thx in advance


Comments

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


    The closest thing to what you are describing would be an antisocial behaviour order which would be handld by your local community Garda.


  • Closed Accounts Posts: 11,255 ✭✭✭✭Esoteric_


    When I was reporting someone for a violent crime, I had reason to believe I would be in danger without protection of some form, so I asked about getting a restraining order. I don't know how true the following is but the garda told me the following -

    You cannot get a restraining order, as they don't exist in Ireland. You can get a protection order which is similar to a restraining order only you have to have lived with the person in order to get the protection order.

    I don't know how true this is but it was a very serious crime I was reporting and I ended up refusing to follow through with it after being told what I wrote above.


  • Closed Accounts Posts: 5,451 ✭✭✭Delancey


    In practice Anti-Social Behaviour Orders don't exist in Ireland. The legislation was put in place but the courts have not granted a single one to my knowledge.
    There have been a few threads on this subject and the consensus seems to be that the first port of call is the local community Garda.


  • Registered Users, Registered Users 2 Posts: 907 ✭✭✭angeline


    You can only get a court order such as a safety order/protection order, etc, through the family law court, however, you have to have lived with the person for 6 months in the previous 12 months, 6 months of the previous 9 months for a barring order. ASBO's are appropriate regarding ongoing anti social problems in an area by the same individuals.


  • Registered Users, Registered Users 2 Posts: 2,080 ✭✭✭Finnbar01


    As far as I know, ASBO are rarely issued and are quite useless anyways.


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