West Cork Beacon
Wolfe Tone Square, Bantry Co. Cork
P75 TN96
Office Hours:
Monday - Friday
9.00AM - 4.30PM
Telephone:
027 53847
Support Line:
1800 203 136
.jpg)
Everyone has a right to safety and there are many rights and entitlements Under the Domestic Violence Act 2018 that can support a woman to access legal safety for herself and her children.
Some of your rights and entitlement options have conditions attached. It is for this reason that we always advise that you seek information and legal advice before pursuing a legal option.
This can mean contacting a Domestic Violence Service; a Free Legal Advice Clinic (FLAC) or a solicitor. Information on Safety Orders, Protection Orders and Barring Orders can also be obtained from Citizens Information.
Private Solicitors tend to specialise in different areas of law, and while they will all have knowledge of family law, some will be more experienced than others. Before you decide to use the services of a private solicitor, it is worthwhile asking them about this and about the fees you are likely to pay.
Legal Aid can help if you cannot afford a solicitor privately. To qualify for Legal Aid representation, (low cost) your income must be below a certain level. Contact the Legal Aid Website for the most up to date information.
Once you qualify for Legal Aid, you can only be represented for the matter you applied for.
You cannot add on another application later.
Legal Aid made the decision to disregard the financial fee on application for Domestic Violence Orders in the District court. All applicants for legal aid still need to meet the eligibility criteria and satisfy a means test. Other proceedings (e.g.: access, maintenance, separation) are not included in this exemption.
Website: www.legalaidboard.ie
Free Legal advice is given by FLAC (Free Legal Advice Centres) both online or by phone advice appointments. Your local Citizens Information Service can provide more information about this service.
Website: www.flac.ie
A Barring order is a legal order which requires the perpetrator of the abuse to leave the family home and can be granted for up to 3 years. To get a Barring order, you must attend a court hearing. To obtain a Barring order you must have equal property rights such as a joint tenancy, joint mortgage. In addition to being barred from the home the perpetrator is prohibited from:
Emergency Barring Orders provide short term emergency protection to partners who are living together but who do not have an equal or greater interest in the property. These orders will only last for 8 days.
Interim Barring Order is also a temporary order directing the perpetrator to leave the family home. It is intended to keep you safe until you can go into court for a longer-term legal order, such as a Barring or Safety order
A judge must feel there is a significant risk to your safety to bar the perpetrator of the abuse from the home. To obtain an interim barring order you must have equal property rights such as a joint tenancy, joint mortgage.
A Protection Order is a temporary legal order intended to keep you safe until you can go into court for a longer-term legal order, such as a Barring or Safety order.
A Safety order is an order which does not require the perpetrator of the abuse to leave the family home but prohibits the abuser from:
A legal separation is a written contract through which married couples agree to separate. It covers maintenance, custody of children, ownership and occupation of the family home. In a legal separation the spouses can decide the terms of separation rather than have the terms imposed by the court and usually a solicitor or mediator can help negotiate an agreement.
However, when there has been domestic violence and abuse, it is unlikely that the perpetrator will be concerned about the best interests of the victim and negotiating a fair agreement will be difficult. In this case a judicial separation may be necessary, and a judge decides on these issues. This ensures that all the terms agreed upon can be legally enforced where covered by appropriate legislation.
Custody is the day-to-day care and control of the child and child custody orders apply to children under the age of 18. You should apply for a custody order when you apply for a protection order. The judge decides which parent the child will live with. If you are not married to the father of your child, it is important to note that an unmarried father does not have automatic guardianship rights. He must apply to the court to get these rights.
Child contact is usually known as access. It is the right to see and communicate with a child. When you have custody of your child, the other parent will usually be given access, unless there is a proven risk to the child, and even then, supervised access may be given. Access can be arranged in different ways.
This is a new criminal offence which criminalises psychological abuse/ controlling and coercive behaviour in an intimate relationship that causes fear of violence, or serious alarm or distress that has a substantial adverse. It can trap the victim in a relationship and makes it impossible or dangerous for them to leave.
This pattern of behaviour creates domination of a person’s life; using tactics like violence, intimidation, degradation, isolation and control; and the presence of ongoing oppressive behaviour impact on a person’s day-to-day activities.
If you are seeking protection from the Gardai, you will need to have a record of what has happened. Being able to provide proof can help establish that it is a pattern of abuse. Examples of this include – copies of emails, voice or text messages, witnesses, bank records, diary with dates and incidents.
Whether you live with an abusive person or not, you are entitled to protection under the law. Breach of court orders, threats to kill or cause serious harm, criminal damage, harassment, assault, assault causing harm, assault causing serious harm, rape, sexual assault, abduction of children and false imprisonment are crimes.
Forced marriage is a new criminal offence, including removing a person from Ireland for the purpose of them being forcibly married. The current legislation does not allow for any person to get married under 18 years.
If you are at risk of any crimes, you can contact the Gardaí for help.
