Legal protection from abuse is known as a ‘Domestic Violence Order’. There are two different types of Domestic Violence Orders you can apply for:
A Safety Order is when the court instructs your abusive partner or ex to stop being violent or making threats of violence.
If your partner or ex is living with you, they do not have to leave the home.
If they are not living with you, the Safety Order bans them from watching or being near your home, following or communicating (including electronically e.g. over phone, email, messages) with you or a dependent person such as a child.
A Safety Order can last up to 5 years.
If you are living with an abusive partner or ex a Barring Order will require them to leave the home and bans them from entering the home again.
A Barring Order also bans them from being violent or making threats of violence; watching or being near your home, or following or communicating (including electronically e.g. over phone, email, messages) with you or a dependent person for example a child.
A Barring Order can last up to 3 years.
To get a Safety Order or Barring Order you must make an application at your local District Court office. Follow the steps below to apply for an order.
Once your application has been accepted you will need to attend a court hearing. If your application is successful the court will serve your partner or ex the Domestic Violence Order.
If your abusive partner or ex breaches a Domestic Violence Order it is a criminal offence and you can call your local Garda Station.
You can apply for a Safety Order or Barring Order in person by going to your local District Court office.
You can find out where your local family district court is online or by ringing 01 8886000.
At the office, the District Court Clerk will help you to fill out the correct form.
You must bring proof of identity such as a passport or driving license.
If you have any evidence of abuse like messages or Gardai reports you can bring these, but it is not mandatory to have these at this stage.
You do not need legal representation for your initial application stage. It is advisable to hire legal representation, for example a solicitor, at the full court hearing.
When the Court has accepted your application, you will be given a date for a court hearing. The waiting time varies in different parts of the country.
In some areas it can take up to 6 months to get a hearing date, so it is essential to apply for a Protection Order which protects you immediately from the time that you apply for a Domestic Violence Order until the date of your hearing.
On the same day in the District court office, you can also apply for a temporary Protection Order which protects you immediately from the time that you apply for a Domestic Violence Order until the date of your hearing.
After you speak to the Clerk, you will see a judge who can grant you a Protection Order. If you have any evidence of abuse like texts, DMs, or Gardai reports, you can show these to the judge.
Once the judge grants you a Protection Order, you should keep it with you at all times. You should also give a copy of the Order to your local Garda station who can serve it to your partner/ex.
At the full hearing, you and your partner/ex will be in court. You will give evidence and answer questions from the respondent’s legal representative. You partner/ex can then respond and answer questions from your legal representation.
It is important to have legal representation at this hearing. If you cannot afford legal representation you can apply for Legal Aid, see below.
If you need someone to accompany you at the hearing Women’s Aid can provide a support worker for you.
If you are granted a Domestic Violence Order will get a document called a Safety Order or Barring Order. If your partner/ex breaks any conditions of the Domestic Violence Order it is a criminal offence. The Gardaí can arrest them.
You should keep a copy of your Order with you at all times. The court will serve your partner/ex with the order when it is granted. You should also give a copy of your order to your local Garda Station.
If you are not granted a Domestic Violence Order, the Court should provide the reasons why they did not give you the Order. A Women’s Aid support worker will be able to talk through what has happened and work with you on an alternative safety plan.
There are NO court fees.
You do not need to tell your partner or ex that you are applying for a Domestic Violence Order.
After you have applied, the Court will notify them about the application and the date of the court hearing.
You and the respondent (your partner/ex) will be in court. You should both have legal representation at the hearing.
A Safety Order can last up to 5 years. When the Order expires you can apply for another Safety Order.
A Barring order can last up to 3 years. Before the 5 years are up, you can apply for another Safety Order.
Women’s Aid can a help you through this process and go with you to court. Chat to us or call the helpline on 1800 341 900.
If you cannot afford to hire a solicitor, you may be eligible for Legal Aid. You can check if you are eligible for Legal Aid by contacting the Legal Aid Board.
FLAC (Free Legal Advice Centre) runs a telephone information service to offer basic legal information to the public. Call Legal information Line: 01 906 10 10