Safety order

lukesmom

Just wondering is it hard getting a safety order? I'm worried it will be a big ordeal with a judge etc. Do I need a solicitor?

The_fever

lukesmom wrote: »

Just wondering is it hard getting a safety order? I'm worried it will be a big ordeal with a judge etc. Do I need a solicitor?

Not hard, you will go in and talk to the judge first outlining your reasons. At that stage a protection order will be put in place until the hearing, usually around 3 months, you won't need a solicitor for first part , but will for the hearing. Would be my suggestion,

eviltwin

lukesmom wrote: »

Just wondering is it hard getting a safety order? I'm worried it will be a big ordeal with a judge etc. Do I need a solicitor?

You don't need a solicitor. You fill in a form that is available in the court clerks office and wait to be called. Waiting times can be very long depending where you are going. The judge then decides if you will be granted one. Bring any supporting evidence you can on the day. Women's Aid will be able to give you more information.

eviltwin

The_fever wrote: »

Not hard, you will go in and talk to the judge first outlining your reasons. At that stage a protection order will be put in place until the hearing, usually around 3 months, you won't need a solicitor for first part , but will for the hearing. Would be my suggestion,

Wow things have changed a lot since i was working in the system, there was a time you could get your order on the same day. :eek:

Lukesmom take The Fevers advice more so than mine. The only thing I would advise you if there is a long wait to be heard then don't whatever you do tell the person involved that you are applying for the order.

lukesmom

eviltwin wrote: »

Wow things have changed a lot since i was working in the system, there was a time you could get your order on the same day. :eek:

Lukesmom take The Fevers advice more so than mine. The only thing I would advise you if there is a long wait to be heard then don't whatever you do tell the person involved that you are applying for the order.

Oh he is aware I'm applying for it. He lives with me and is a binge drinker and abusive at times. After a family meeting/showdown of sorts he has promised to stop drinking but I want something in place. There are young kids involved

Penny Tration

lukesmom wrote: »

Oh he is aware I'm applying for it. He lives with me and is a binge drinker and abusive at times.

Well the protection order that is granted before a full barring order basically means the person can still live there. But if they're abusive, swear at you, shout at you or otherwise put you in fear, they are then in breach of the protection order and the police can be called to arrest them.

That's what the Gardai and Dolphin House told me when a next of kin got one, anyway.

lukesmom

Penny Tration wrote: »

Well the protection order that is granted before a full barring order basically means the person can still live there. But if they're abusive, swear at you, shout at you or otherwise put you in fear, they are then in breach of the protection order and the police can be called to arrest them.

That's what the Gardai and Dolphin House told me when a next of kin got one, anyway.

Thank you

Manach

Slightly OT: From what I understand (from my notes and I think it was Nestor's family law) the Safety order is granted based on the Court's opinion there are reasonable grounds (based on safety) for granting it based on the person/and or their dependant's.

Is this still the same level of proof?

lukesmom

One other thing, when I go to get my safety order do we have to go to court? Just wondering how that works when your living with the person? Does he get a notice in the post summoning him to court? Do we go to court together? Will it be in the papers? Sorry for so many questions

Penny Tration

lukesmom wrote: »

One other thing, when I go to get my safety order do we have to go to court? Just wondering how that works when your living with the person? Does he get a notice in the post summoning him to court? Do we go to court together? Will it be in the papers? Sorry for so many questions

From what I can remember (it's been a few years since I was involved with this stuff) - once you apply for and are granted a protection order, the other person is sent out a copy of it. You should provide a copy to the local Gardai (a garda told me that bit) so that if it's breached, they have it on file that a protection order is in place.

After that, a court date will be given to both parties, to go to court for a full barring order. The barring order (if it's granted) means the person is not allowed contact you, not allowed in the home and not allowed (in some cases) have contact with dependent children.

It wouldn't be in the papers, no.

lukesmom

Penny Tration wrote: »

From what I can remember (it's been a few years since I was involved with this stuff) - once you apply for and are granted a protection order, the other person is sent out a copy of it. You should provide a copy to the local Gardai (a garda told me that bit) so that if it's breached, they have it on file that a protection order is in place.

After that, a court date will be given to both parties, to go to court for a full barring order. The barring order (if it's granted) means the person is not allowed contact you, not allowed in the home and not allowed (in some cases) have contact with dependent children.

It wouldn't be in the papers, no.

Thanks don't you mean safety as opposed to barring?

Penny Tration

lukesmom wrote: »

Thanks don't you mean safety as opposed to barring?

I've only ever heard them referred to in Ireland as protection and barring orders tbh

snor

Safety order and barring order are two seperate things.

On the day you apply, you give all your reasons for applying for the safety order to the clerk. You are then called before a judge who goes through this evidence with You and if they believe you are in fear of this person, you will be granted a protection order. This is like a temporary safety order. Yourself and the other person will be given a date for a full hearing- whereby the judge hears his side of the story also. Based in this, the judge decides whether a safety order is warranted, and if so, for how long - maximum is 5 years.

You do not in theory need a solicitor but may be advisable esp for the full hearing.

The other party will receive documents in the post advising him of the court date
No information will be in the paper or elsewhere as this is family law
Make sure the protection order covers all dependence also
Give a copy to the local gards station.
Have a copy handy yourself in case you need it.

Having a safety order means that if your partner puts you or the children (if covered) in fear, you can call the guards and if there is sufficient evidence that he is putting you in fear, he can be arrested on the spot and brought to court asap - before he is allowed back to the house.

Safety order means he will be still living in the house if he chooses. For him to be excluded from the family home, a barring order is required.

All sounds straight forward in paper. However, you will have to come home and live with him after facing him in court for the safety order, or worse again for breaching the safety order.