Domestic violence is also known as domestic abuse, spousal abuse, child abuse or intimate partner violence. The Domestic Violence Act, 1996 sets out to achieve the following;
- To protect spouses and children and other dependent persons at risk because of the conduct of the person in the domestic relationship.
- To increase the powers of An Garda Siochana to arrest without warrant in certain circumstances; and
- To provide for the hearing at the same time of applications to court for other orders regarding custody and access, maintenance, conduct leading to the loss.
The applicant must show that there are reasonable grounds to believe that the safety or welfare of the applicant or any dependent person requires the making of the order.
A restraining order or order of protection is a form of legal injunction. The term is most commonly used in reference to domestic violence, harassment, stalking or sexual assault.
Harassment of an individual can result in a permanent restraining order where they are subjected to harassment by another individual or organisation, typically involving behaviour such as repeated, intrusive, and unwanted acts. Application for such an order usually is made to the district court. If granted, it prohibits the party named from initiating any contact with the protected party.
Interim barring order
The District Family Court allows the court to grant interlocutory relief, where there is an immediate risk of harm to the applicant or any dependent person, if the order is not made immediately.
Remedies Available from Domestic Violence
A barring order is an order which requires the person to leave the family home. This prohibits an individual from entering an area until a further order of the court or until such time as the court specifies.
Application for a barring order
Healy O’Connor Solicitors can provide legal advice in relation to obtaining a barring order through The District Court. While you are waiting for an application to come to hearing, we can assist you, if necessary, in obtaining an immediate order called a protection order.
Interim barring order
The District Court was empowered by the 1996 Act to make an interim barring order either at the date of, or in between, the institution of proceedings and their hearing. The 1996 Act permitted the District Family Court to grant interlocutory relief, in the interim barring order pending the determination of barring proceedings.
The Domestic Violence Act, 1996 aims to protect spouses and children and other dependent persons in other domestic relationships, whose safety and welfare is at risk because of the conduct of the other person in the domestic relationship.