Restraining order

IRISH RAIL

Hi I was wondering if anyone can help me Ive tried to find the answer to this but keep hitting dead ends
How do you go about getting a restraining order ?
Is it through the gaurds or a soliciter and do the gaurds get involved
what if the person you want restrained is the co owner of a house and she has a history of drug abuse is is imo unstable what kind of evidence do I need for this or is it pretty much a judge decideds theres a risk etc.
the house is being sold so hopefully it wont be too long before I have some peace and quiet.
Thanks

Hobart

IRISH RAIL wrote: »

Hi I ope someone can help me out I have tried to look for this but have come up blank
How do I go about getting a restraining order is it through the police or a soliciter?
also what determins if one should be issued? if it was against someone who co owns my house would that make a difference said person has been violent towards me before and I have had the police out they left her there and asked me to spend the night in a friends which I tought it was a bit unfair.
Any help would be greatly appretiated.

Through the courts with the help of a solicitor. Each case depends in the merits/details involved.

superficies

Contact a solicitor. If you do not have one or can not afford one then contact a Free Legal Advice Centre (www.flac.ie) and they should be able to help you. Co-ownership is relevant but it is not the only factor; FLAC or your solicitor will be able to give you full advice based on your own situation.

dermot_sheehan

Apply to District Court under Order 59 of the District Court Rules:

http://www.courts.ie/rules.nsf/efc5fafcd023de3b80256d2b0045bb68/95992cabcb5c08468025704600511622/$FILE/S.I.%20No. 202 of 2005.pdf


The Relevant statute is the domestic violence act 1996 as amended by the domestic violence amendment act 2002
http://www.irishstatutebook.ie/1996/en/act/pub/0001/index.html

and

http://www.irishstatutebook.ie/2002/en/act/pub/0030/sec0001.html#sec1

Ownership is relevant, section 3(4) of Act:

( 4 ) ( a ) In respect of a person who is an applicant by virtue of paragraph (b) or (c) of subsection (1), the court shall not make a barring order in respect of the place where the applicant or dependent person resides where the respondent has a legal or beneficial interest in that place but—


(i) the applicant has no such interest, or


(ii) the applicant's interest is, in the opinion of the court, less than that of the respondent.


( b ) Where in proceedings to which this section applies the applicant states the belief, in respect of the place to which paragraph (a) relates, that he or she has a legal or beneficial interest in that place which is not less than that of the respondent, then such belief shall be admissible in evidence.

IRISH RAIL

Does that mean im pretty much wasting my time?
ps sorry about the double thread ive emailed the mods to delete it.

Hobart

IRISH RAIL wrote: »

Does that mean im pretty much wasting my time?

No it does not. Each situation is taken on it's merits (within the confines outlined above). The bottom line is that no person should be forced to live in a situation whereby he/she believe that their safety is in jeopardy.

There are very specific details needed when applying for a barring order, for example if you feel that you are in immediate danger you could apply for an interim barring order, but you really do need to get some advice as to the circumstances of your specific situation.

If you feel uncomfortable with talking to a solicitor, or cannot afford one, try talking to Amen => http://www.amen.ie/ . They have a lot of information which could be of benefit to you.

IRISH RAIL

Thanks Very Much Hobart It Is Really Appretiated