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Understanding Court Orders and Eligibility

What are domestic violence orders?

Domestic violence orders are court protections. They are made by a judge and come with specific instructions or directions. Some direct a person accused of abusive behaviour to stop committing further acts or threats of violent behaviour. Others direct that person to leave - and stay away from - you and your dependent children (if applicable) and the home. You will need to explain to the judge in court why you are asking for a specific order.

If you are the person asking for an order to protect you from acts or threats of domestic violence you are known as the applicant. The person you are asking the court to make an order against is called the respondent.

Most applications for domestic violence orders are made in the District Court. However, some are made in the Circuit Court or High Court. These are often as part of other cases such as divorces or judicial separations.

How court orders relate to one another

Each court order has a specific time limit to help protect you and your children (if applicable) from abusive behaviour. Remember also that a judge can only make the specific court order that you apply for. You might want to read the information about the different types of orders to make sure that you apply for the correct ones for you.

The judge can make orders that take your long-term safety into consideration. These are a Barring Order or a Safety Order. These can last for several years.

The court can also make orders that take your immediate or short-term safety into consideration. These are a Protection Order, an Interim Barring Order and an Emergency Barring Order. 

If you want to apply for a Protection Order, you must also apply for a Barring Order or a Safety Order, or both. If you want to apply for an Interim Barring Order, you must also apply for a Barring Order, or a Barring Order and a Safety Order.

Each court order also addresses specific violent behaviour. For example:

  • They can direct someone to stop committing further violent acts or threats. To do this, you can apply for a long-term Safety Order or immediate Protection Order.
  • They can also direct someone to leave the home. To do this, you can apply for a long-term Barring Order or immediate Interim Barring Order.
  • They can direct someone to leave the home where you have fewer or less property rights in the home. To do this, you can apply for an immediate Emergency Barring Order.