Legal Issues > Safety Order
A safety order is an order which prohibits the abuser from further violence or threats of violence or contact with the applicant including by electronic means. It does not oblige that person to leave the family home if the couple are married or living together. A safety order offers the same protection as a protection order, it is renewable and can be issued for up to 5 years in the district court.
Who Can Apply For A Safety Order.
- A spouse.
- If you have been living with the abuser as husband and wife prior to the application for the safety order. (Co-habiting couples)
- If you are not living with the abuser but you have a child in common.
- If you were in an intimate relationship with the person but never lived with them.
- If you are a parent of the abuser and the abuser is over 18 years of age and is not a dependent.
- If you are over 18 years of age and you live with the abuser in a relationship which is not contractual, e.g. two relatives living together.
- Your health board can apply for a safety order on your behalf in some circumstances. When you apply for a safety order you will be given a protection order which comes into effect immediately and it will protect you until your court hearing for a safety order.
- You may be required to provide evidence of abuse in court. Once the court is satisfied that your safety or welfare is in jeopardy, the court will instruct the abuser ;
- Not to threaten to use violence, molest or put fear into you or your children.
- Not to watch or beset where you or your children are living, if you are living away from the abuser.
- Not to contact you by electronic means i.e. phone, social media etc.
- A safety order lasts five years unless previously stated otherwise in court. It is also renewable.
- A safety order is useful for someone who wants protection but is not necessarily ready to have their spouse/partner barred from the home.
For more information contact the refuge on 041-9844550
Or the clerk of the court on 0429392350