There are three main orders which can be sought in relation to domestic violence.

A Safety Order – This is an order which prohibits a person from using or threatening to use violence, molesting or putting in fear the applicant or a dependent person, and from watching, or besetting the applicant's or dependent person's place of residence. A safety order can last up to five years and can be renewed by applying for a further order before the previous one has expired. A safety order can be sought by:

(a) spouses;
(b) cohabitants for six out of the previous twelve months;

(c) the parent of an adult child;

(d) persons of full age residing in mainly non-contractual relationships;

(e) the HSE on behalf of an entitled 'aggrieved person' who it believes to be unable to bring the application

A Barring Order – This is an order requiring a person who is residing at a particular place to leave that place and prohibiting that person from entering such place until further order or until such time as the court may determine. The order may also prohibit the respondent from using or threatening to use violence, molesting or putting in fear the applicant or any dependent person. A barring order can be sought by:

(a) spouses and former spouses;

(b) cohabitants who have lived as husband and wife for six months in aggregate out of the previous nine months;

(c) a parent of an adult child who is not a dependent person.

(d) the HSE on behalf of an entitled 'aggrieved person' who it believes to be unable to bring the application.

A Protection Order – This order prohibits a person from using or threatening to use violence, molesting, or putting in fear the applicant or a dependent person until the determination of the safety order or barring order proceedings. Protection orders are available to entitled persons who have commenced proceedings for either a safety or barring order.

In order to make one of the above orders the court must be of the opinion that there are reasonable grounds for believing that the safety or welfare of the applicant or any dependent person requires an order to be made.

If you require representation in a domestic violence matter or if you have a general family law query; contact us to arrange a consultation.

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