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Under the Domestic Violence Act 1996 there are two main kinds of protection available to victims of domestic violence, a safety order and a barring order.

A protection order is pre-summons for a safety order and a barring order. A protection order is given when a person is being abused by their spouse or partner. It is an interim order which comes into effect immediately, and gives the Gardaí the right to arrest and charge, where the abuse or threats of abuse occur. Your partner may remain in the family home until the hearing for the barring/safety order. You will be given a copy of the protection order as will your partner and your local Garda station and a summons for a barring/safety order. Your partner will be notified of the court date by post. This order does not exclude the spouse from the Family home, but orders that he shall not 'use or threaten to use violence, molest or put in fear the applicant spouse or child.

• A protection order cannot be applied for on its own. A protection order will only be granted while waiting for a court hearing for the barring order or safety order.

• A separate application is made for the safety order and a barring order. It is important that you are clear on which order you want the district court clerk to apply for on your behalf.

• Apply for a maintenance order and a custody order at the same time you apply for the protection order, barring order, safety order.

• When you receive a copy of your protection order, bring it down to your local Garda station and get them to make a photocopy of it. This will cover the time it takes for the district court to post out a copy to the guards.

• If you feel that your spouse or partner may become violent towards you when he learns of the protection order you may want to stay with friends or family or a refuge.

• Apply for legal aid straight away as there is a waiting list.

• It does not cost money to apply for one of these court orders at the district court and a solicitor is not necessary while applying. However it is advisable to get a solicitor for the court date for the barring order/safety order. See list of solicitors and questions to ask your solicitors.

• At the moment it can take up to 2 months for your court date to come up.

• In the case of an emergency the court judge can decide to grant an interim barring / safety order on the same day that the protection order was applied for.

  You are at: Legal Issues >>> Protection Order.