A Protection Order is a short-term order. It is sometimes called a 'Temporary Safety Order' because it gives the same protection as a Safety Order but over a shorter time period.
A Protection Order directs the respondent to stop committing further violence or threats of violence. A judge can make this order if they believe there is an immediate risk of significant harm to you or any dependent children.
If the respondent is living with you, it does not order them to leave the home.
If the person is not living with you, it directs them to stay away from, being near or watching your home. A Protection Order might also direct them to stop following you or communicating verbally and electronically with you or any dependent children.
You can apply for a Protection Order while you wait for the court to hear your full application for a Safety Order or a Barring Order. Both applications can be made at the same time.
Applications for a Protection Order are usually made 'ex-parte'. This means that the application is made without the respondent being made aware.
How long does a Protection Order last?
A Protection Order usually lasts until the court hears your full application for a Safety Order or Barring Order.
If your court hearing is adjourned - this means postponed to a later date - the order will remain in place. The court office will make An Garda Síochána aware of this.
If you do not appear in court for the hearing of your Safety Order or Barring Order application, your application may be 'struck out' by a judge. This means that the Protection Order is also no longer in place.
Who can apply for a Protection Order?
The following people and organisations can apply:
- Current spouse or civil partner.
- Former spouse or civil partner.
- A person who was in an intimate relationship with the respondent before applying for a safety order. The nature of the relationship will be a matter for the court to decide.
- A parent of the respondent where the respondent is over 18 years of age and is not a dependent of the parent.
- A parent of a child whose other parent is the respondent.
- An adult who lives with the respondent in a non-contractual relationship, such as two relatives living together.
- Tusla, the Child and Family Agency, on behalf of an aggrieved person. This means someone who in the eyes of Tusla is vulnerable to, or the victim of, domestic violence. This person may be an adult or a dependent person.