Family Law | Domestic Violence Solicitors Dublin
Read here to learn more about domestic violence from our Domestic Violence Solicitors in Dublin.
Domestic Violence: Can I get protection from the Court?
While domestic violence is not defined, domestic violence is regarded as including the physical, sexual, or psychological violence which threatens the safety or welfare of family members and certain persons in other domestic relationships.
If you or a dependent is suffering from domestic violence, then you may be able to apply to the Court for an Order under the Domestic Violence Act to get help from our domestic violence solicitors in Dublin.
This can be done at the first stage on an “ex-parte” basis: this means that the other person is not put on notice of the application. If successful, you will be given a temporary Order and a hearing date for the full hearing. A copy of the Order will be sent to your local Gardai and a copy served on the person against whom the Order is made.
The Courts offer 4 types of protection to people who are suffering from domestic violence
–A Protection Order is a temporary Safety Order. A court may make this order when a person applies for a Safety and/or Barring Order. A Protection Order is temporary and will last until the full court hearing of the application for a safety or barring order;
–A Safety Order: at its simplest, a Safety Order prevents a person from using or threatening violence towards the person applying for the order and/or any dependent children;
–An Interim Barring Order is a temporary Barring Order. A court may make this order when a person applies for a Barring Order. An Interim Barring Order only lasts until the full court hearing of the application for a Barring Order and is only made in exceptional circumstances; and
–A Barring Order requires a person, against whom the order is made, to leave and stay away from the place of residence of the person applying for the order and/or dependent children.
How long do the Orders last?
The District Court can make a safety order for a five year period and a barring order for up to three years. These orders may be renewed.
Who can apply for the Orders?
The following persons may apply for orders under the domestic violence legislation:-
–Spouses (husbands or wives);
–Co-habitees, who are not married but living together. The cohabitees must have lived together for six months during the twelve-month period before the application for protection was made. A court will not grant a Barring Order unless the cohabitees lived together for six months during the nine-month period before making the application. Also, a Barring Order will not be made against a cohabitee who is the owner of the property where they live or who has greater ownership rights than the cohabitee seeking protection;
–Parents: against their children over the age of 18 years. However, a court will not grant a barring order against a child who owns the place of residence or who has greater ownership rights than the parent seeking protection;
–Persons living together in the same residence may apply for protection against each other. The person against whom protection is sought must be over the age of 18 years. However, the court will not grant protection if it considers that there is a contractual relationship between the persons. A safety order is the only protection available here;
–Children can seek protection, but they cannot apply themselves. They must have an adult or a health board apply to the court for them;
–A parent may apply for protection on behalf of his / her own child; and
–A health board may apply for protection on behalf of a person and/or that person’s dependent children in circumstances where the person cannot apply himself/herself.
What happens if an Order is breached?
A breach of any of the Orders is a criminal offence. The Gardaí can arrest, without a warrant, and charge a person who breaches such an order. This can result in fines and/or imprisonment.
Contact our family law solicitors today on 01-8272888 or use the quick enquiry form here to get help with your domestic violence case today.
Your Expert Domestic Violence Claims Legal Team
At Carmody Moran Solicitors our experienced domestic violence solicitors in Dublin are on hand to advise and skilled in handling all nature of domestic abuse.
The two partners of Carmody Moran solicitors have a combined total of in excess of twenty five years professional legal experience. Together with their associates they aim to make the Court process as straight forward and navigable as possible while being on hand to alleviate their clients concerns and worries about going through the Court process.
Anthony Carmody is one of the founding Partners of Carmody Moran Solicitors.
He has significant experience in personal injury cases and general litigation having handled literally thousands of cases on behalf of clients based in Ireland and abroad.
Niamh Moran is one of the founding partners of Carmody Moran Solicitors and is a solicitor with wide ranging experience across all areas of general practice.
Niamh manages the family law division and is highly experienced in domestic violence cases. Niamh’s practice of law is extremely varied and she is regularly sought out for her expertise by clients and colleagues alike.
INDEPENDENT GOOGLE CLIENT REVIEWS