I am married and I live with my husband and our young children. When my husband
drinks or is stressed, he can be physically abusive. I don’t want to leave my home or my
children. Is there anything I can do to protect myself?
Domestic violence is any form of physical, sexual or psychological violence which puts the safety
or welfare of a family member at risk. Under the Domestic Violence Act, 1996, there are two
main kinds of protection available to you, namely a safety order and a barring order.
A safety order is a court order prohibiting a violent person from further violence or threats of
violence. It does not oblige the person to leave the family home.
A barring order is an order which requires the violent person to leave the family home. The order
also prohibits the person from further violence or threats of violence, and from watching or being
near your home.
You must apply to the District Court to get a barring order or a safety order. While you are
waiting for the court to decide on your application, the court may grant you an immediate order
called a protection order. This has the same effect as a safety order.
If a court order is granted, it is a crime to break such an order. The Gardai can arrest and charge
the violent person for such an offence.
In the District Court, a safety order can last up to 5 years and a barring order up to 3 years. These
orders can be renewed by applying for a further order before the previous one has expired.