nav[aria-label="Primary Navigation"] { padding: 0; & ul { list-style: none; width: 100%; display: flex; flex-direction: row; justify-content: start; align-items: start; gap: 30px; padding: 0; & li { margin: 0; } & ul li { list-style: none; } } }

Child Item

Failure to attend Barring Order and Safety Order summons

thebigoleboys

A family member who i really don't have time for

has filed for both a barring order and a safety order against me

i really cdont have time for this persons mind games

and am quite happy if the judge decides to grant the barring order.

What I am wondering is if i fail to attend court, Would the judge issue a bench warrant against me?

Find more posts tagged with

Quick Links

Comments

seagull

It's generally not a good idea to ignore a summons.

Another issue is that if you don't attend, whatever the family member claims as grounds for barring and safety orders will then be on record and you won't be able to dispute them if you're not there.

dennyk

You really don't want a barring order or safety order issued against you on your record, if you can possibly avoid it. Engaging a solicitor for assistance and following their advice would be your best option here.

Claw Hammer

Barring orders go onto the Pulse system. Every time the garden. Your details will see it. Not helpful at all.

asdfg87

https://www.boards.ie/discussion/2058255501/failure-to-attend-barring-order-and-safety-order-summons

If it were me i would attend court, the other party will have to present why they are applying. You can then ask for a copy of the judgement as it will set out why you are being barred.

If you are not going to contest you do not need a solicitor but you do need written confirmation why a Judge can make a judgement against you.

Is there an obvious reason why the person is looking for said order?

asdfg87

https://www.boards.ie/discussion/comment/119380218#Comment_119380218

If its family law this is not correct...

Claw Hammer

https://www.boards.ie/discussion/comment/119380271#Comment_119380271

Once the barring order is made and there is a breach or attempt to breach it, the guards have to arrest the alleged offender. For that reason details of barring orders are on pulse so if there is a report of a breach, the garda can verify that there is an order and the arrests is justified.

asdfg87

https://www.boards.ie/discussion/comment/119380298#Comment_119380298

The OP did not say court was for BREACH... I would be surprised if family court barring orders are recorded, i hope they are.

Witcher

All DVA orders are recorded on Pulse.

asdfg87

https://www.boards.ie/discussion/comment/119380641#Comment_119380641

So you can say an order in an "in camera court" is recorded on Pulse? are you sure?

Witcher

https://www.boards.ie/discussion/comment/119380827#Comment_119380827

Yes I am

mazdamiatamx5

My understanding is that the granting of barring safety or protection orders against an individual are indeed recorded on Pulse but would not be disclosed in the event of a Garda check as they are not convictions. A conviction for an allegation of a breach of a barring order is a different matter.

Witcher

cheese sandwich

You don’t have to attend but you should if you want to defend yourself

asdfg87

https://www.boards.ie/discussion/comment/119380839#Comment_119380839

So you are saying that if a person for whatever reason is unable to attend court they automatically go on Pulse with the right to defend.

Surely breach of Human rights. being recorded without conviction...

Witcher

https://www.boards.ie/discussion/comment/119380911#Comment_119380911

Take it up with the ICCL

mazdamiatamx5

The granting of a barring, protection or safety order is not a conviction.

If the individual against whom a barring or similar order is sought does not attend court, then obviously the order is more likely to be granted, unless the case is very weak or deemed spurious.

If the individual has not been correctly notified of the court date, then that would give rise to a valid complaint from the individual against whom the order was sought.

However, this does not apply in the OP's case, as the OP seems to be aware that someone is seeking a barring order against them.

In the event that the court grants the order, my understanding is that the right of appeal is only 14 days. I think that is far too short. Those who disagree should, as recommended by another poster, contact the ICCL or lobby their TD's etc.

asdfg87

https://www.boards.ie/discussion/comment/119381128#Comment_119381128

Thanks there is alot of clarity in what you are saying.

However what is the story with pulse as i thought a person had to be accused or convicted of a criminal act to be on pulse.

[Deleted User]

OK....... first things first........ATTEND ATTEND & ATTEND.

on the day BEST OUTFIT Inc tie......... total respect for the judge......dont get rattled/ riled under any circumstances.

Mrs OBumble

OP, you may not have a great deal of time for your family member, but either they fear you for some reason, or they are playing games.

If they do fear you, then it would be helpful for you to understand why this is, so you can avoid getting into that situation again.

(For example: even if they are a raving idiot who deserves to have a <<whatever>> rammed up their <<wherever>>, then it's best if you don't share that thought with them: it won't make them any smarter or saner, and will cause trouble for you.)

If they are playing games, then you need to understand what is going on, to preserve your relationship with the rest of the family (if that matters to you) and to protect yourself from other claims they may make about it.

Claw Hammer

https://www.boards.ie/discussion/comment/119380393#Comment_119380393

Be surprised then. What do you think happens when a barring order is granted? The person who applied for it gets a copy and brings it home and keeps it under their pillow?

6 months later there is an attempted breach at 3.00 am. The guards are called. What do they do? Ask for a copy of the barring order? Tell the person to wait until the court office opens in the morning? When they arrive at the scene do they insist on seeing a copy of the order before taking any action?

You have to be joking!

Claw Hammer

https://www.boards.ie/discussion/comment/119381229#Comment_119381229

See what thought did. !Lots of things are recorded on pulse which have nothing to do with convictions. For example if a check is made on a pub, a record will be entered on pulse. There may have been absolutely no offence whatever committed but a record will be made. A guard may check the ownership details of a car without there being any crime committed and a record will be kept on pulse.

asdfg87

https://www.boards.ie/discussion/comment/119384657#Comment_119384657

I think the joke is on a system that allows something that is held in an "in camera" court find its way on to an National police system. I am well aware that the local Gardai need to be made aware of barring orders to protect the victim but put on a Nationwide system does not sound right.

I did try to contact ICCL but it seems their offices are closed as no reply to several calls.

asdfg87

https://www.boards.ie/discussion/comment/119384691#Comment_119384691

The family court are "in camera" and then go Nationwide?

[Deleted User]

How easy is it to get a barring, protection or safety order? I was at a meeting recently and it seems to be a game with each side in a relationship breakdown getting them issued against the other. All jockeying for position coming up to the court decision on who controls the family home and kids.

And, if this is true, how serious do judges take them when that final decision on the family home and parenting rights gets to court?

asdfg87

https://www.boards.ie/discussion/comment/119385176#Comment_119385176

You are absolutely right, family law is a GAME for legal people including judges who have absolutely no intrest in the FAMILY/CHILDREN that that its their duty to protect.

Its all about the MONEY.

[Deleted User]

https://www.boards.ie/discussion/comment/119384995#Comment_119384995

Pulse isn’t public

asdfg87

https://www.boards.ie/discussion/comment/119385283#Comment_119385283

From what i know "in camera" means only the people in the room. Does that include Pulse? it need looking at i be thinking.

feelings

https://www.boards.ie/discussion/comment/119385176#Comment_119385176

Protection orders are given out like tissues. (most) judges do not want to take a chance in case the applicant is hurt and it comes back on them.

asdfg87

https://www.boards.ie/discussion/comment/119385398#Comment_119385398

So you are basically saying its not proper justice if its not confirmed to be justified, law?

feelings

https://www.boards.ie/discussion/comment/119385556#Comment_119385556

The law is there to protect victims, however unfortunately, the law is being abused in a lot of separation/divorce proceedings.