Question RE Barring Orders

BitofAdvice

Mods I'm not after legal advice just to state from the off, just want some info.

Basically I just wanted to know how hard is it to get a barring order to remove a person from a house? I looked on citizens advice and it said a person can be removed for emotional as well as psychical. If the case had no psychical, just emotional, for example an individual with an alcohol problem coming home and shouting and screaming abuse, making threats, etc. Have these orders been given for emotional only though in practice?

Like what evidence would be required? Just testimony of a few witnesses or would you require some proof such as video, sound, etc? If the individual has certain medical history that would relate to the case would a judge/Gardai take it onboard?

I know Gardai are the first stop, but I was hoping if anyone could shed some light on it at all.

Thanks

singledad80

If you are barred from a house they can arrest you straight away and bring you to court, My friend had protecting order placed on him from his wife while he was up stairs in mediation, He never been arrested never had any trouble with the guards or never been in court, it was granted on that day because she told sob story in court, He arrived up to the house to collect his son the guards where there when he got there and they arrested him straight away because it was court order, All because she said, He is waiting on his court date now for that as well. Now I know there is men out there that do hit there wife's and girl friends but I have seen her hit him in public and he never laid a hand on her, But because the law is so UN fare to men that his hole life is affect by this and he is depressed

Santa Cruz

You can apply for an Interim Barrring Order and you will probably get it for emotional and verbal issues. Getting a full Barring Order will involve a hearing before a Judge and the court will decide on the basis of evidence given. It is easier to get a Protection Order.

maccydoodies

BitofAdvice wrote: »

Mods I'm not after legal advice just to state from the off, just want some info.

Basically I just wanted to know how hard is it to get a barring order to remove a person from a house? I looked on citizens advice and it said a person can be removed for emotional as well as psychical. If the case had no psychical, just emotional, for example an individual with an alcohol problem coming home and shouting and screaming abuse, making threats, etc. Have these orders been given for emotional only though in practice?

Like what evidence would be required? Just testimony of a few witnesses or would you require some proof such as video, sound, etc? If the individual has certain medical history that would relate to the case would a judge/Gardai take it onboard?

I know Gardai are the first stop, but I was hoping if anyone could shed some light on it at all.

Thanks

First of all you can only get a barring order against a person you have lived with, or are married to or have a child together. The threshold is very very high and they are not granted lightly.

If this person presented themselves to the district court today citing the above reasons it is likely that a protection order would be granted, not a barring order. A protection order is a temporary, interlocutory order lasting only until the safety/barring order hearing, which is some districts can be up to three months waiting.

An interim barring order is usually granted in circumstances whereby the applicant has been badly physically hurt by the respondent. It normally invloves a guard or a doctor as a wittness and if an interim is granted it is served immediately on the repsondent and they are removed from the home. The hearing date for the barring order has to be held within the following 8 days.

I am not a solicitor but I deal with this type of situation every day through my work.