Republic of Ireland Law
Ask a Republic of Ireland Law Question, Get an Answer ASAP!
Hello, and thank you for your question. I am your Expert and I will provide the answer you require.
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.
2. Is your partner or spouse seeking a Safety Order or Protection Order against you? What are the facts?
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.
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.
5. The call has been opened to all Experts. So an Expert will shortly be with you to make a call.
6. It is possible that she can withdraw the barring order if she wishes to, on the day of the hearing.
7. She would have to put it forward to the court herself. No one else is going to say it.
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.
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.
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.
11. Her. The District Court will always favour the account of the woman where a barring order is concerned.
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.
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.
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.
15. It lasts until it gets discharged. Normally, no time limit is put on it at the outset.
16. Yes the barring order can be discharged any time after it is made.
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.
18. You are welcome.
19. No, you don't go to prison for this. It is purely a barring order application.
20. It is to prove her case.
21. That depends upon your attitude towards domestic violence.
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.
23. That is up to yourself.