barring order

mountainyman

why would a barring order be granted and when did they come in.

seems a bit unfair to me.

MM

dermot_sheehan

1997 Domestic Violcence Act amended by the Domestic Violcence (Amendment) Act 2002 when some of the ex parte provisions of the first act were foudn unconstitutional by the Supreme Court


whats unfair about it?

_JOE_

I felt that the Domestic violence act heralded a long awaited update to the issue of domestic violence and does not seem to be unfair in the slightest. the area prior to this act and particularly the protection of vulnerable women was quite weak.
If anything, this area could be somewhat refined in certain areas regarding some of the applications, but to imply that it is unfair seems nonsensical to me...could you elaborate on your reasons?

johnnyskeleton

A barring order will be granted where there are reasonable grounds to suspect that the welfare or safety of a spouse or child (and in rare cases, a parent) is at risk.

A barring order is only ever unfair when it is granted ex parte (i.e. when only one spouse/child etc applies). After a full hearing, an barring order granted is usually justified because it either a) prevents domesitic violence or b) keeps the peace between the parties.

Note that you can't be barred from a house that you own entirely by yourself which is not a family home.

Our man in Havana

Can a wife get a barring order ex parte without the husband knowing?

johnnyskeleton

Bond-007 wrote: »

Can a wife get a barring order ex parte without the husband knowing?

She sure can, but it will usually only be temporary (i.e. interim), and when they go back into court it can be lifted.

A husband can do the same thing too.

_JOE_

Furthermore, a protection order can be obtained, which is a temporary safety order. A court may make this order when a person applies for a safety and / or barring order.
Moreover, a protection order will only last until the full court hearing of the application for a safety or barring order.

mountainyman

It seems that barring orders are awarded on the basis that you are guilty until proven innocent. All the woman has to do is say she feels threatened and BOOM barring order.

What about the Golden Thread?

MM

johnnyskeleton

mountainyman wrote: »

It seems that barring orders are awarded on the basis that you are guilty until proven innocent. All the woman has to do is say she feels threatened and BOOM barring order.

What about the Golden Thread?

MM

1. There is no presumption of innocence in civil matters, it's based on the balance of probability and justice between the parties.

2. A spouse (male or female) has to adduce evidence on which their application is based. The respondent is equally entitled to adduce evidence to contradict this and / or in their own defence.

3. If the court has some reservations about a barring order, but still feels there is a risk for the person's safety, they can grant a safety order instead.

Victor

mountainyman wrote: »

It seems that barring orders are awarded on the basis that you are guilty until proven innocent. All the woman has to do is say she feels threatened and BOOM barring order. What about the Golden Thread?

By that logic, the Garda couldn't arrest someone until they had been convicted of the crime they have been arrested for.

Both ex parte orders and arrest are temporary and are 'best guesses' until a proper decision can be made.