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 person.
Barring order cases are held "in camera", this means that only the applicant, their 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 they will be arrested and charged.
N.B. It is not necessary for the applicant to be living in the family home when they apply for a barring order, i.e. an applicant can apply from a refuge.