Protection/safety order vs barring order

dragona

I understand a barring order, but I have been given a protection order. My understanding is that this does not allow someone to threaten /be abusive or violent.

Am I right in thinking that this still allows the person to remain in the home if they wish? With penalty of arrest if any violence or threat of violence happens?Versus a barring order which does not? Confused.

kjbsrah1

When you apply for a Safety Order or Barring Order, depending on the circumstances, the Judge will usually grant a Protection Order until the hearing date for either the Safety Order or Barring Order.

Once any Domestic Violence order is in place it gives the Gardaí powers to act should the respondent act in any way that puts the applicant in fear.

dragona

I have a hearing date and will be asking for a safety order, just want to know if that will allow the person to move back in if they wish to do so.

kjbsrah1

dragona wrote: »

I have a hearing date and will be asking for a safety order, just want to know if that will allow the person to move back in if they wish to do so.

Even with a Barring Order you can ask the other person to move back in. Its a whole separate issue depending on who owns the property, whose name is on a residential lease, etc if the respondant can be asked to leave.

None of the DV Orders mean that anyone HAS to move out. However, in order to be granted a Barring Order the Judge will assume that the incidents leading up to the Court date will have been so awful that the respondant will not be welcome in the house anyway hence its name Barring Order ... it gives the applicant extra security. But there is nothing to say that the respondant cannot live with the applicant no matter what DV order is obtained/granted ... if that is what the Applicant wants.

dragona

Thanks so much for that information.

FishOnABike

From courts.is website
http://www.courts.ie/Courts.ie/Library3.nsf/PageCurrent/0B054C9D139DC7C880257FB5003F5683?opendocument&l=en

Safety order

A safety order prohibits the person against whom the order is made (the respondent) from engaging in violence or threats of violence. It does not oblige that person to leave the family home. If the person does not normally live in the family home, it prohibits them from watching or being in the vicinity of where the person applying for the order (the applicant) and dependent children lives. A safety order can be made for up to five years.

Barring order

A barring order requires the respondent to leave the family home and stay away from the family home of the applicant and/or dependent children. It may also include terms prohibiting the respondent from using or threatening to use violence. A barring order can be made for up to three years.

Once a summons has been issued for a safety order or a barring order the applicant can apply for a protection order or an interim barring order while waiting for the application to be heard in court.

Protection order

This is a temporary safety order. It gives protection to the applicant until the court decides on a safety or barring order application. It is intended to last until the case is heard and a decision made. It does not oblige the respondent to leave the family home.

Interim barring order

This is a temporary barring order. It is intended to last until the barring order application is heard in court and a decision made. Under the Domestic Violence Act, 2002 a full court hearing must take place within eight working days of the granting of an interim barring order. The Court must be of the opinion that there are reasonable grounds for believing there is an immediate risk of significant harm to the applicant or any dependent person if the order is not made immediately and the granting of a protection order would not be sufficient to protect the applicant or any dependent person.

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A barring order does require the respondent to leave. Anybody with a barring order against them would be extremely foolish to breach the terms of the order (even with the applicant's consent) as they can be arrested without warrant and there would be a presumption of guilt. Breach of the order is an offense.

SaltSweatSugar

With a protection order the respondent can still reside in the house. It should also set out conditions they must abide by such as not threatening the applicant or any dependents etc. If the respondent breaches the conditions then they can be arrested and brought before the court.

dragona

Can I still get a protection order if I retract/have retracted my statement to the gardai?

kjbsrah1

You can still apply for a DV order to the courts. It does not matter if you go to the Gardaí or not. The DV order is granted by a judge and quite often a person seeking a DV order will never have gone to the Gardaí.