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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 12844
Experience:  Barrister 17 years experience
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I am going to district court first time next week for a

Customer Question

Hi
JA: Hi. How can I help?
Customer: i am going to district court first time next week for a domestic voilence but i am not sure should i bring a solicitor with me ? Also I would like to get some legal advice on this matter please
JA: Where are you? It matters because laws vary by location.
Customer: Dublin
JA: What steps have you taken so far?
Customer: nothing at the moment
JA: Anything else you want the Lawyer to know before I connect you?
Customer: that’s all for now thanks
Submitted: 14 days ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 14 days ago.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Customer: replied 14 days ago.
Thanks
Expert:  Buachaill replied 14 days ago.

1. If you are the Respondent to a domestic violence action in the District Court next week, then you should certainly take a solicitor with you. Essentially, most men find it quite confusing that the court will only listen to the woman and grant the order sought without listening to what the man has to say. Accordingly, to ensure that you are heard in court, I would advise you to have a solicitor there who can put forward what you wish to say in court. Otherwise, the order sought will simply be made and that will be the end of the matter.

Customer: replied 14 days ago.
I am financially not stable at the moment that’s the issue. Also what do you mean by ‘order sought will simply be made and that will be the end of the matter’
Expert:  Buachaill replied 14 days ago.

2. Is your partner or spouse seeking a Safety Order or Protection Order against you? What are the facts?

Customer: replied 14 days ago.
Its a barring order , the facts that I used voilence towards her over a text message. She has pictures of her crying and her top been ripped , I unintentionally did that by mistake but no bruises or her body
Expert:  Buachaill replied 14 days ago.

3. You need to realise that the court will almost always grant a barring order when the facts are like this. When I say that the order sought will simply be made, I mean that if you appear and represent yourself, then the court will simply go ahead and make the order. If you want to make some point that the order should not be made, then you will need a solicitor to represent you. Otherwise, the court always listens to what the woman has to say and presumes she is not there without good reason.

Customer: replied 14 days ago.
What happens if the barring order is upheld. What are the punishments i can possibly get ?
Expert:  Buachaill replied 14 days ago.

4. There is no punishment levied against you just because a barring order is made. This is because it is not a criminal charge or conviction. You essentially have to leave the house you were living in with your partner or spouse. The court might also ask you not to go near her again. However, there is no other punishment you will suffer.

Customer: replied 14 days ago.
I asked for a call and paid the amount of €50.70 but did not receive a call and was charged?
Expert:  Buachaill replied 14 days ago.

5. The call has been opened to all Experts. So an Expert will shortly be with you to make a call.

Customer: replied 14 days ago.
Anyways , if my spouse was to withdraw the barring order on the day is it possible to do this?
Expert:  Buachaill replied 14 days ago.

6. It is possible that she can withdraw the barring order if she wishes to, on the day of the hearing.

Customer: replied 14 days ago.
Would the judge ask her that question during the hearing? Or she will have to say it to the judge herself
Expert:  Buachaill replied 14 days ago.

7. She would have to put it forward to the court herself. No one else is going to say it.

Customer: replied 14 days ago.
Can she still do it after the hearing and with draw the barring order? Or does it have to be done during the hearing ? And can she withdraw the barring order completely before both of us going to the district court if so , then who does she has to contact?
Expert:  Buachaill replied 14 days ago.

8. She must do it before the case starts at all, whether she stands up in court and does this or she informs her solicitor that she wishes to withdraw it. It is too late to do it after the case has been heard.

Customer: replied 14 days ago.
She doesn’t have the solicitor so can she do it through the police?
Expert:  Buachaill replied 14 days ago.

9. If she doesn't have a solicitor, then she will have to stand up in court and state that it is her wish to withdraw the application.

Customer: replied 12 days ago.
How many people are there in district court on the day of hearing ? Do I need to stand up and speak something or? What exactly happens please? And how long does it last ?
Expert:  Buachaill replied 12 days ago.

10. There will be roughly 12 to 15 people in the District Court on the day of the hearing. You will have to stand up and speak if you are not legally represented. Essentially, the District Court Judge will hear from the applicant and her solicitor. Then you will be asked what you have to say and then a decision will be made. It will all be over in about 10 to 15 minutes. Cases of this nature never last long.

Customer: replied 12 days ago.
If the applicant doesn’t have the solicitor , who do you think has a strong chance of winning the case? Myself or her
Expert:  Buachaill replied 12 days ago.

11. Her. The District Court will always favour the account of the woman where a barring order is concerned.

Customer: replied 12 days ago.
How should i present myself in front of the judge / court ? What should I say? Should i keep it short and simple or what?
Expert:  Buachaill replied 12 days ago.

12. You should essentially put forward your side of events. Essentially, the judge will hear what you have to say and them make the Order which s/he considers correct. You should essentially wait in court until your case is called and then approach the front of the court, identifying yourself as the Respondent to the application. After hearing the other side, the Judge will then ask you what you want to say.

Customer: replied 12 days ago.
What do you mean by i should essentially put my side of events?
Should I also say what happened or just make an apology and thats it. Because this is the very first time this had happened
Expert:  Buachaill replied 12 days ago.

13. You should put forward what you want to say in relation to the making of the barring order. It is your own decision how you approach the issue. I cannot advise you on that. You have to make your own mind up on it. Clearly an apology will help.

Customer: replied 12 days ago.
After the court has announced the outcome of the case and it went in favor of her. What happens then?
Expert:  Buachaill replied 12 days ago.

14. You will then have to obey the barring order. A copy of it will go to the Gardai and they will enforce it, if you don't comply with it.

Customer: replied 12 days ago.
How long does the barring order lasts?
Expert:  Buachaill replied 12 days ago.

15. It lasts until it gets discharged. Normally, no time limit is put on it at the outset.

Customer: replied 12 days ago.
Thank you for all your answers. When can the barring order be discharged? Anytime or?
Expert:  Buachaill replied 12 days ago.

16. Yes the barring order can be discharged any time after it is made.

Customer: replied 12 days ago.
I read on another source that the barring order can last up to 3 years?
Expert:  Buachaill replied 12 days ago.

17. That is only partly the law. Essentially a barring order lasts until it is discharged. This might be three years, or more or less.

Customer: replied 12 days ago.
Great makes sense , thanks for clarifying
Expert:  Buachaill replied 12 days ago.

18. You are welcome.

Customer: replied 11 days ago.
Is there anyway I can go to prison for this? Even if the pictures of her being hurt are shown in the court? Do you know why they need the pictures
Expert:  Buachaill replied 11 days ago.

19. No, you don't go to prison for this. It is purely a barring order application.

Customer: replied 11 days ago.
what’s the purpose of having the pictures of her against me being used or shown in the court ? Should i worry?
Expert:  Buachaill replied 11 days ago.

20. It is to prove her case.

Customer: replied 11 days ago.
Should I be worried?
Expert:  Buachaill replied 10 days ago.

21. That depends upon your attitude towards domestic violence.

Customer: replied 8 days ago.
How should i apologize in the court. Any step to step guidance? Also can I mention the name of the person while apologizing ? or does it has to be an apology like saying it to the judge how i feel
Expert:  Buachaill replied 8 days ago.

22. If you want tutelage on apologising, I would suggest you ask a solicitor who practices in that area and who has experience of the judge.

Customer: replied 8 days ago.
Can i apologise by saying the other person’s name
Expert:  Buachaill replied 8 days ago.

23. That is up to yourself.