Domestic assault - process not legal advice

11111help

Hi all,

I hope I have found the correct forum to ask this information. I wasn't quite sure where to post it and have set up a sudoaccount for obvious reasons relating to the topic.

I live in a home with a very violent sibling. I'm female(adult) and find him extremely frighting aggressive in both physical and mental ways though it takes its toll most in the emotional form.

I have managed to avoid getting involved in the majority of disturbances, however there has been occasions where i have been directly impacted on a physical level - no aggression shown on my part - its not in my nature.


My parents are unwilling to take legal proceedings despite the obvious impacts on the households. However following a recent altercation I have been injured as a result of attempting to act as a human barrier from this person hitting another family member - without going into specifics I was pushed aside aggressively and hurt.


I am not in a position to support myself and leave home as I am studying and cannot afford rent (I support myself otherwise). But I am no longer willing to live under these conditions as I have a genuine fear for my safety and that of my family members.


The latest incident is I think a case of assault. However do I need to have actual physical proof ?

I want to take this further without my parents but I want to just know what this entails.


For example if I press assault charges will he remain in the home till they are completed as I don't think I could deal with that.

Or if I were to apply for a barring order would he know about it before it was imposed - again I am thinking of my own safety here - this is a dangerous individual.


Finally is it possible to do any of this without the express support of my parents ?

I ask these questions not in terms of you telling me my grounds for success but rather what happens once I actually take steps. I'm terrified to do this alone and not sure where to start.

Dandelion6

You can report the assault to Gardaí without any physical proof but whether they feel there is enough evidence to make an arrest is another issue. Realistically if you have no proof there is also the possibility they will not take it seriously enough to investigate. If they do, then in the course of their investigation they would need to take statements from any possible witnesses, which would mean speaking to your parents about it.

If they did make an arrest then it is possible that staying away from you and your home could be made one of his bail conditions.

The Domestic Violence Act doesn't make provision to take out a barring order against a sibling. It does allow for a safety order which would not bar him from the house but would prohibit him from using or threatening violence. He must be given the opportunity to defend himself against the order before it is granted but it is possible to seek a protection order in the interim which would take effect without notice to him.

Most family lawyers will have experience of DV proceedings and can advise you on the likelihood of success in your particular circumstances.

Good luck.

11111help

Hi Dandelion,

Thanks for that I really appreciate you taking he time to respond.

Would you then suggest that I should first seek out a family law lawyer? Can i report this incident to the guards so they have a record of it while im still actually injured but without them contacting the person? What I'm really terrified of happening is him finding out i'm taking action while he's still at home.

Finally I should have mentioned I do have another sibling who will back up everything I say. I don't think my parents will dispute it I just think they won't back me up - they have a fairly twisted view of the whole "blood is thicker" thing and despite him living in our home while being repetedly asked to leave he remains.

Little CuChulainn

You should report the matter to the Gardaí. You do not need a lawyer to obtain a safety order. You go down to the court office and apply for one. A judge will hear your case and decide wether it merits an order. If he thinks it does, he will issue a protection order and set a date for the hearing of the safety order. If he doesn't think it merits an order then nothing happens. A witness would be helpful to obtain the order.

If an order is granted then a copy should be provided to the local Gardaí and to the respondant. If he breaches the order he will be arrested and charged and held for court.