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Issues >>> Barring Order
A barring order is granted where the court are of the opinion
that there are grounds for believing that the safety and welfare
of the applicant or any dependent person is in question. A barring
order prohibits the abuser from further violence or threats of
further violence. The abuser is ordered to leave the family home.
Who Can Apply for a Barring Order.
- A spouse.
- If you have been living with the abuser for 6 months of the
9 month period immediately prior to the application order.
- If you are a parent of the abuser and the abuser is over 18
years and is not a dependent. Also, you must own the home or pay
the rent.
- A parent may apply for a barring order because of violence
towards their child or a child they are looking after.
- The health board may in special circumstances apply for
protection on behalf of the woman.
Barring order cases
are held "in camera", this means that only the woman, her partner
and the court officials are present in the court. Witnesses are
called in one at a time and are there only to give evidence. You
should employ a solicitor and bring all evidence of abuse and
witnesses of the abuse to the court hearing. Your partner can be
ordered out of the family home for up to 3 years in the district
court. You can obtain a longer barring order or a lifetime barring
order in the circuit court. If the abuser breaks the barring order
he will be arrested and charged.
N.B. It is not necessary for the woman to be living in the
family home when she applies for a barring order, i.e. a woman can
apply from a refuge.