Domestic Violence Solicitor Specialists
Connecting you with expert family law solicitors in Dublin
Domestic Violence Categories
Domestic violence is a criminal offence in Ireland, but sadly it’s an all too frequently occurring issue in our country. It can happen within and/or outside the home environment. Victims of this type of violence, unfortunately, are very often too afraid to tackle or take the necessary steps to escape their volatile predicament. In many cases, close family or friends can be completely unaware of the torment that happens within a violent relationship as victims can become all too ‘skilled’ at hiding the actions of an aggressive spouse or partner towards them.
Types of domestic violence can be categorised as follows:
The use of physical force or power to cause bodily harm to another person or persons. Physical abuse may often result with the infliction of bruises or other physical injuries.
Where a non-consensual sexual act is forced upon a spouse or partner. Sexual violence can also be perpetrated against dependant children.
This is a type of mental abuse which may not involve any physical abuse against the victim, This type of violence can be extremely harmful to the psychological welfare of the victim(s)causing constant states of fear, anxiety and low self-esteem. This type of ongoing abuse can lead to chronic depression or post-traumatic stress disorder(PTSD).
Where Can Domestic Abuse Victims Get Help?
Fortunately, there are a number of supports open to victims of domestic abuse where they can seek help.
Women’s Aid provides a 24 hour national phone helpline on 1800 341 900.
Safe Ireland provides a comprehensive list of help centres and phone supports on a per county basis. You can view the full list here.
If you wish to get legal help from a solicitor experienced in domectic violence cases, complete the short contact form at the bottom of this page and the recommended solicitor we connect you with will get back to you usually within a day (exclusive of weekends).
Domestic Violence Court Orders
Victims of domestic violence can apply to the court for protection against the perpetrator of the violence whether it be a spouse or partner. Domestic violence legislation provides for the protection of spouses, civil partners and child dependents.
Types of orders the court can make include the following:
(1) A Barring Order
With this type of order the party against whom a petition is filed (referred to as the respondent) must vacate the family home. The respondent must not return to the home of the applicant and/or dependant children. The order may also prohibit the respondent from using violence or making threats to use violence. A barring order issued in the District Court can last up to three years. Application can be made to your local District Court office. There is no time limitation on a barring order when made in the Circuit Court.
(2) An Interim Barring Order
When a barring order request is waiting to be heard, the court can, if it deems it necessary (and there are grounds for the court to believe there is a real risk of harm coming to the applicant or their dependants), grant an interim barring order. It is a temporary order to allow time for the actual barring order application to be heard and decided upon. The hearing must take place within 8 working days of the order being granted under the terms of the Domestic Violence Act, 2002.
(3) Safety Order
In this case, when a safety order is made against an individual, it precludes that individual from making threats of or taking part in violence. They are not, however, obliged to leave the family home. If they do not normally reside in the family home, they are then not permitted to be in the vicinity of the safety order applicant or dependent children. This type of order may last up to 5 years. Safety Orders are granted where the Courts decide there are reasonable grounds for believing that a safety order applicant’s safety or welfare is in danger.
(4) Protection order
This is a temporary safety order. It gives protection to the applicant Whilst the court deliberates on the granting of a safety or barring order application, a protection order can be issued. It is intended to last until this type of order provides some breathing space until such time as the court conducts it’s hearing and reaches it’s decision. The order also affords protection to the applicant in the interim period. As is the case of a safety order, the person against whom the order is sought is not legally bound to vacate the family home.
The information above and throughout our website is intended as a guide only to provide general information on the subject of domestic violence . We try to ensure that the all information is as current and accurate as possible, but we do not provide any explicit guarantee of this. Family Law Solicitors Dublin is NOT a solicitor’s office in itself nor do we purport to offer any legal services directly ourselves. What we do is match you with a competent family law solicitor who is legally qualified to offer you legal assistance.
If you are a victim of domestic abuse, you may wish to consult with or speak to an experienced domestic violence solicitor about the matter.