A safety order is an order which prohibits the abuser from further violence or threats of violence. It does not oblige that person to leave the family home. 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 for six months of the twelve month period immediately 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 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.
- 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