Safety orders, protection orders and barring orders in Ireland

Domestic violence is the use of physical or emotional force or threat of physical force, including sexual violence, in an intimate relationship. As well as physical violence, domestic violence can also involve:

• Emotional abuse
• The destruction of property
• Controlling behaviour such as isolation from friends, family and other potential sources of support
• Threats to others including children
• Stalking
• Control over access to money, personal items, food, transportation and communication

A new offence of coercive control of a spouse, civil partner or intimate partner also came into force under the Domestic Violence Act 2018. Coercive control is a pattern of intimidation, humiliation and controlling behaviour that causes fear of violence or serious distress that has a substantial impact on the victim's day-to-day activities.

If you feel in immediate danger, call 112 or 999. Members of the Gardaí are specially trained to deal with these situations and help you get support.

If you have been the victim of a sexual assault, you can go to a Sexual Assault Treatment Unit (SATU) for immediate medical care. You do not need a referral but you should call your local unit before you arrive. These services are free and available 24 hours a day, 7 days a week.

Finding Your Way after Sexual Violence is an online guide to the options and supports available after rape, sexual assault and other forms of sexual violence. The guide has information on accessing a Sexual Assault Treatment Unit (SATU), reporting to the Gardaí, and where to go for help.

Under domestic violence legislation, the main kinds of protection available are safety orders and barring orders. These are explained below.

A safety order is an instruction from the court which stops the person accused of abusive behaviour (the respondent) from committing further violence or threats of violence. The respondent does not have to leave the home. If the person is not living with you, the safety order prohibits (bans) them from watching or being near your home and following or communicating (including electronically) with you or a dependent person such as a child. A safety order can last up to 5 years.

People in an intimate relationship are also able for apply for a safety order. Previously, couples had to cohabit (live together) to be able to get a safety order, but this is no longer the case. The following people can apply for a safety order:

• Spouses and civil partners
• Parents with a child in common
• Partners in an intimate relationship including cohabitants (a couple living together) and dating partners (a couple not living together)
• Parents of an abusive child if that child is over 18
• People residing with the respondent in a non-contractual relationship, such as two relatives living together

Former partners are also able to apply, for example, a former spouse or cohabitant.

What is a protection order?

Between the time of making an application for a safety order (or barring order) and the court’s determination (decision), there may be reasonable grounds for believing that the safety and welfare of you or of a dependent person is at risk. If so, the court can grant a protection order to prohibit (ban) the person accused of the abusive behaviour from:

• Using or threatening to use violence
• If the person is not living with you, watching or being near your home
• Following or communicating with you or a dependent person

A protection order is temporary and only effective until the court hearing for the application for a safety order (or barring order). It is sometimes called a 'temporary safety order' because it gives the same protection as a safety order but for a shorter time period.

A barring order requires the person accused of abusive behaviour to leave the home and prohibits (bans) the person from entering the home. The order also prohibits the person from:

• Further violence or threats of violence
• Watching or being near your home, or
• Following or communicating (including electronically) with you or a dependent person

A barring order can last up to 3 years.

The following people can apply for a barring order:

• Spouses and civil partners
• Cohabitants (a couple living together) who live in an intimate relationship (the applicant must satisfy the property test, that is, they must have an equal or greater interest in the property than the respondent)
• Parents when the abuser is a non-dependent child

What is an interim barring order?

Between the time of making an application for a barring order and the court’s determination (decision), there may be reasonable grounds for believing that the safety and welfare of you or of a dependent person is at risk. If so, the court can grant a protection order (see above) or an interim barring order. An interim barring order is a temporary, immediate short-term order. It can last for a maximum of 8 working days. It requires the person accused of violent or abusive behaviour to leave the home where there is an immediate risk of significant harm to you or a dependent person (and a protection order would not give sufficient protection).

You can apply for an interim barring order while you wait for the court to hear your full application for a full barring order. Both applications can be made at the same time.

What is an emergency barring order?

An emergency barring order requires the person accused of violent or abusive behaviour to leave the home, and prohibits them from entering the home. This is an immediate order where there is reasonable grounds to believe there is an immediate risk of significant harm to you or a dependent person.

Unlike an interim barring order, the applicant does not have to satisfy the property test to be able to get an emergency barring order. This means the person applying for the order does not need to own, co-own or have their name on the lease of the property. An emergency barring order can last for a maximum of 8 working days. It prohibits the same behaviours as a barring order.

When the 8-day time limit ends, you may have to wait for one month to apply for another. In exceptional circumstances, a judge can waive or ignore this one-month wait time.

To get a safety or barring order you must attend a District Court hearing. While you are waiting for the court to hear your application, the court can give you an immediate order.

In an emergency situation, the Gardaí can request that the Courts Service arrange a special out-of-hours sitting of the District Court for someone looking for an interim barring order, protection order or emergency barring order.

A safety order or barring order can be renewed by applying for a further order before the previous one expires.

There is a list of factors that the court can consider when deciding on an application for a domestic violence order (safety, protection or barring order). This list includes:

• History of violence by the respondent towards the applicant or any dependent person
• Increase in severity or frequency of violence towards the applicant or their children
• Exposure of children to violence inflicted by the respondent on the applicant or other child
• History of animal cruelty
• Substance abuse (including alcohol), by the respondent, the applicant or a dependent person
• The age and state of health (including pregnancy) of the applicant or any dependent person
  

Spouses and civil partners

If you are married or in a civil partnership, and you can show the court that your spouse or civil partner is violent in any way towards you or the children, you can get a barring or safety order against them no matter how long you have lived together and even if they own most or all of the house.

Cohabiting couples

If you have lived together in an intimate relationship, you can get a safety order against a violent partner. You can also get a safety order against a person you have had a child with but are not living with or have never lived with.

You can get a barring order against a violent partner if you have been living together in an intimate relationship and your partner does not own most or all of the house you are living in. There is no minimum period of cohabitation (living together) required.

You can get an emergency barring order where there are reasonable grounds to believe there is an immediate risk of significant harm to you or a dependent even if you do not own, co-own or have your name on the lease.

Parents

A parent can apply for a barring or safety order against domestic violence from their own child if their child is over 18. You cannot get a barring order if your child owns all or most of the house you are living in.

Others living together

Others living together, for example, two relatives, can apply for a safety order.

Children

The Domestic Violence Act 2018 contains specific provisions for the protection of children including:

• Children can make their views known to the court where a safety or barring order is sought on behalf of, or will partly relate to, a child. The court can appoint an expert to assist the court to get the views of the child depending on the child’s age and maturity.
• When giving evidence in an application for a domestic violence order, a child cannot be cross-examined in person by the respondent or the applicant.
• Domestic violence orders relating to children remain in force until the order expires even after they reach the age of 18. Previously they expired when the child became 18 years old.

Tusla - The Child and Family Agency

Tusla - The Child and Family Agency may apply for a safety or barring order against a violent adult on behalf of a child, whether or not that violent adult is married to the child's parent.

What happens if an order is broken?

Anyone who breaks a court order (safety order, protection order, barring order, interim barring order or emergency barring order) is guilty of an offence. If the person accused of violence or domestic abuse prevents you or your dependants from entering or remaining in a place to which the order relates (while the order is in effect), this is also an offence.

The above offences under Section 33 of the Domestic Violence Act 2018 are punishable by a class B fine, a prison term of up to 12 months, or both.

When the court is deciding the sentencing for certain offences such as psychological, physical violence, sexual violence, coercive control and stalking, it is now considered an aggravating circumstance if the victim is or was a spouse, civil partner or in an intimate relationship with the offender. This means the court shall give a sentence which is greater than would have been given because of the fact that the victim and perpetrator (abuser) were in an intimate relationship. This is introduced by Section 40 of the Domestic Violence Act 2018.

How you apply for a domestic violence protection order depends on the type of protection you are applying for.

The Courts Service has a step-by-step guide to the steps for applying for a domestic violence order from the District Court. Most applications for domestic violence protection orders are made in the District Court.

You can hire a solicitor to make an application on your behalf or you can make the application yourself. You may be entitled to legal aid.

Go to your local District Court Office. The District Court Office staff will tell you the forms you need to make your application. If you are applying for a barring order or a safety order, the court clerk will arrange a court date for a court hearing. You will be given your summons for the court hearing at the time of your application. The forms will be sent to the respondent (the person accused of the violent or abusive behaviour) so that they can attend in court on the day of the hearing. You do not need a solicitor to make an application, but it is recommended that you have legal representation for a full court hearing.

The decision of the court is produced in the form of a written document called an 'order'. If the respondent is in court when the order is made the respondent is considered to be notified and it is sent by the court office to the respondent by ordinary post. However, in the case of a protection order, interim barring order or emergency barring order the court usually directs that order be served on the respondent by a member of the Gardaí.

The court office will notify the Gardaí of the making of the order by sending a copy to the local Garda station by post. To avoid any delay in notifying the Gardaí you should call to the Garda station immediately after the order has been made, tell them of the making of the order and leave a copy with them (you can allow them to take a photocopy). A copy of your order will be sent to the superintendent of your local Garda station by registered post the following day.

What if there is an emergency?

If there is an emergency situation or while you are waiting to go to court to get a barring order or safety order, you can get a protection order, an interim barring order, or an emergency barring order if you or a dependent child is at immediate risk of significant harm. If there is no sitting of the District Court at the time when you wish to make such an application, a member of the Gardaí may request the Courts Service to arrange a special sitting of the District Court. If you do not want a protection order or an interim barring order immediately, you can seek one at any time before your case is heard for a safety or barring order.

Further information on making an application and preparing for a court hearing is available on the Courts Service website.

If you have to go to court it is always recommended you get legal advice. A solicitor who specialises in family law can help you by explaining the process and your options. Find contact information for solicitors throughout Ireland on the Law Society website.

You can:

• Find out about case progression (the management of your case before the actual hearing)
• Watch a video on how to prepare for your family law hearing, and
• Watch a video on what happens on the day you attend the family court

The Courts Service also has information on the use of interpreters, who and what to expect in the courtroom, and what happens at the end of a hearing.

Family law proceedings can be sensitive, emotional and difficult. Tell court staff if you need alternative arrangements, particularly for leaving the courtroom or if you need any support after the hearing.

If you are concerned about domestic violence or abuse in your home, you should contact your local Garda station. Members of the Gardaí are specially trained to deal with these situations and can offer advice, information and assistance. If you feel in immediate danger, call 112 or 999.

You can go to a Sexual Assault Treament Unit for immediate medical care following a sexual assault. You do not need a referral but you should call your local unit before you arrive. These services are free and available 24 hours a day, 7 days a week.

Women's Aid

Women’s Aid provide free and confidential support to women experiencing domestic violence, family and friends, and professionals supporting victims of abuse. Supports available include:

• National Freephone Helpline 1800 341 900 available 24 hours a day, 7 days a week
• Telephone Interpretation Service on 1800 341 900 available 8am – 8pm, 7 days a week
• An online chat service available 7 nights a week, 7pm – 10pm at womensaid.ie. Also Monday to Friday, 10am – 1pm and Saturday, 12pm – 3pm and Sunday, 11am – 1pm.
• Text service for Deaf and Hard of Hearing women available 7 days a week on 087 959 7980
• A drop-in service is available in Dolphin House Family Law Court in Dublin, Monday to Friday, 9.30am – 12.30pm and 2pm - 4.30pm..

Rape Crisis Centres

The National Sexual Violence Helpline (also known as the National Rape Crisis Helpline) offers a free, confidential listening and support service for people who have been raped, sexually assaulted, sexually harassed or sexually abused at any time in their lives. Advice and referral to other services will also be provided.

Support is available in more than 240 languages through the helpline interpreting service.

• National Sexual Violence Helpline: 1800 778 888, available 24 hours a day, 7 days a week
• Helpline interpreting service: 1800 778 888, available Monday – Friday, 8am – 6.30pm
• Text service for people who are deaf and hard of hearing: 086 823 8443, available Monday – Friday, 8am – 6.30pm
• Online webchat on the Dublin Rape Crisis Centre website, available Monday to Friday, 10am – 5pm, and also from midnight to 3am on Tuesdays and Wednesdays
• Rape Crisis Help website with information for victims of sexual violence and a list of local Rape Crisis Centres

Finding Your Way after Sexual Violence is an online guide to the options and supports available after rape, sexual assault and other forms of sexual violence. The guide has information on accessing a Sexual Assault Treatment Unit, reporting to the Gardaí, and where to go for help.

Safe Ireland

Safe Ireland has up-to-date information on the location of local domestic violence support services and refuges in Ireland and their contact details.

Men's Development Network

The Men’s Development Network operates the National Male Advice Line on 1800 816 588 for men experiencing, or who have experienced, domestic violence. It is available 7 days a week, Monday and Wednesday 10am – 6pm, Tuesday and Thursday 12pm – 8pm, Friday to Sunday, 2pm – 6pm.

Men's Aid

Men’s Aid Ireland (formerly known as Amen) provides a confidential helpline, a support service and information for men and their families experiencing domestic violence.

• Confidential national support line on (01) 554 3811, 9am – 5pm, Monday to Friday
• Email for confidential support at hello@mensaid.ie

CARI (Children At Risk in Ireland)

CARI has a helpline offering specialised support to anyone affected by child sexual abuse. CARI supports parents, adult survivors, professionals, and the general public.

• Call 1890 924 567, Monday to Thursday, 9.00am – 5.00pm

Alwayshere.ie

The Always Here campaign is a successor to the Still Here campaign which tackled the serious issue of domestic violence in the context of the Covid pandemic. It also has information for anyone in fear of domestic abuse in their home. It includes information about:

• Helplines for people under 18
• Supports for people with disabilities and older people
• Digital and online safety

To find the contact details for your local District Court Office you should contact: