If you are experiencing domestic violence or know someone who is, please find details on legal options below.
Legal orders
Housing and the law
For more information on these and other issues, contact Women’s Aid national helpline on: 1800 341900.
Legal Orders
There are a number of civil legal remedies available to those who are experiencing violence in their homes. They are called orders, and can be sought in the District Court.
Protection order
Under the Domestic Violence Act, 1996, a person who is in fear can apply for a Protection Order. This means that the person against whom the order is made may “not use or threaten to use violence against, molest or put in fear the applicant or a dependent child”. A Protection Order is an interim order which lasts until you get a full hearing at which stage the court can decide to grant either a Safety Order or a Barring Order.
Safety Order
A Safety Order means that the person against whom the order is made may “not use or threaten to use violence against, molest or put in fear the applicant or a dependent child”.
This order can be made against a person even if he/she is not living in the same house as the applicant. It does not mean that the person against whom the order is made has to leave the house if he/she is living with the person applying for the order.
Barring Order
A Barring Order is made by the court if it is of the opinion that there are reasonable grounds for believing there “is an immediate risk of significant harm to the applicant or any dependent child if the order is not made immediately”.
This order means that the person against whom the order is made may not continue to reside in or to enter into the place in which the applicant or dependent child resides.
- Both married and unmarried persons can apply for these orders.
- An order may not be adequate to keep a woman and her children safe, so personal circumstances and advice should be taken into account if considering one of these civil remedies.
- Advice may be had from the Legal Aid Board or a solicitor with family law experience
- Even if applying for a barring order a court may instead award a safety order.
It is important to know that other orders such as Custody, Access and Maintenance may be applied for at the time of seeking one of the protective orders.
Housing and the law
When it is not possible to stay safely at home, a woman and her children may have to flee to emergency accommodation or another option. A woman and her children may be able to return home, however if her safety is at risk or she is unable to return, there is a need for alternative housing.
The Housing Act, 1988 states that:
“A person shall be regarded by a housing authority as being homeless for the purposes of this Act if
(a) there is no accommodation available which in the opinion of the authority, he, together with any other person who might normally reside with him or who might reasonably be expected to reside with him, can reasonably occupy or remain in occupation of.”
If a woman has to leave her home because of violence of the threat of violence, most local authorities regard this woman as legally homeless. This may not be the case if she has to stay with friends or family; in this instance she may be considered for the local housing list.
If a woman is a co-owner of a home and going through a long legal procedure, she can seek advice from local authorities’, homeless or housing sections, community welfare officers or local women’s support groups. Alternatively contact Sonas for information on 01 8349027.
For more information on this specific issue, contact:
THRESHOLD
21 Manor Street
Stoneybatter
Dublin 7
Tel: 01 678 6096
Email: info@threshold.ie
Homeless Persons Unit (Women & Families)
16-19 Wellington Quay
Dublin 2
Tel: 01 8815180
