Domestic Violence

What are the remedies Available?

  • Barring Order / interim Barring Order
    This is an order directing the respondent, if residing with the applicant, to leave such place and prohibits that respondent from entering that place until further order of the court.
  • Protection Order
    This is an order which stops short of putting the respondent out of the family home but orders the respondent not to use violence or threaten to use violence against, molest or put in fear the applicant. The protection order does not have a life of its own but is available to persons who have commenced proceedings for either the barring or safety order.
  • Safety Order
    This is, in effect, like a long term Protection order. A safety order does not put the respondent out of the residence of the applicant but orders the respondent not to use violence or threaten to use violence against, molest or put in fear the applicant.

How are such orders enforced? And if such an order is breached what is the remedy?

Orders under the legislation dealing with Domestic Violence can be enforced by the gardai. The gardai have powers of arrest under the relevant legislation.

The penalties for breach of the barring order will be clearly stated on the order. We will also advice of the full implications of your barring order and clear any confusion.

 

 

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The information contained on this website is for guidance purposes only. It does not constitute legal or professional advice. Professional or legal advice should always be obtained before taking or refraining from any action as a result of the content stated on this website. No liability is accepted by McGrath O'Donnell & Associates for any action taken in reliance on the information contained herein. Any and all information is subject to change.

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