Official sourcesirishstatutebook.ie · EUR-Lex
Europaius

Safety orders and barring orders in Ireland: how to get protection

If a partner, former partner or family member is violent, threatening or controlling, the District Court can make orders under the Domestic Violence Act 2018 to protect you and your children. A safety order forbids the other person from using or threatening violence, molesting you, watching your home or contacting you, including online. A barring order goes further and requires the person to leave the home and stay away. Where the risk is immediate, the court can make a protection order or an interim barring order the same day, often before the other person is told, and an emergency barring order is available to people who do not have an equal share in the home.

Applications are made to the District Court office, there is normally no court fee, and you can apply without a solicitor. Breach of an order is a criminal offence, and the Gardaí can arrest the person without a warrant. Separately, coercive control – persistent behaviour that causes fear of violence or serious alarm or distress – is a crime under section 39 of the 2018 Act, punishable by up to five years' imprisonment.

This guide is for anyone experiencing abuse at home in Ireland, and for those helping them. It explains who can apply for each order, how the same-day procedure works, what evidence helps, how orders take effect and are enforced, and where to get support, including the Gardaí, Women's Aid, Men's Aid and the Legal Aid Board.

Family law · domestic violence

Key facts

Deadline
An interim barring order or emergency barring order made without notice to the other person lasts no more than 8 working days unless confirmed at a full hearing.
Area of law
Family law · domestic violence
Steps
Case law
3
Last updated
03/11/2026

Deadline

An interim barring order or emergency barring order made without notice to the other person lasts no more than 8 working days unless confirmed at a full hearing. A safety order made by the District Court lasts up to 5 years and a barring order up to 3 years, and either can be renewed before it expires.

What to do

  1. Get safe now. If you are in immediate danger, call 999 or 112 and ask for the Gardaí. The Gardaí can remove a person who is committing an offence, and every Garda division has a Divisional Protective Services Unit trained in domestic abuse. Women's Aid (1800 341 900) and Men's Aid run free national helplines and can help with a safety plan, accompaniment to court and refuge places. Gardaí cannot themselves issue a barring order; only a court can, but they can help you get to court quickly.
  2. Choose the right order. A safety order is available to a spouse or civil partner, a person who was in an intimate relationship with the respondent (even without living together), a parent against an adult child, an adult living with the respondent in a non-commercial relationship, and the parent of a child the respondent also parented (section 6). A barring order (section 7) is available to a spouse, civil partner, cohabitant in an intimate relationship or a parent against an adult child. Cohabitants and parents cannot get a barring order against someone with a greater interest in the home.
  3. Ask for immediate protection if needed. When you apply for a safety or barring order, the court can make a protection order straight away (section 10), which has the same effect as a safety order until the full hearing. If there is an immediate risk of significant harm and a protection order would not be enough, the court can make an interim barring order (section 8), requiring the person to leave. If you are a cohabitant or parent with a lesser interest in the home, an emergency barring order (section 9) can be made for up to 8 working days.
  4. Go to the District Court office. Ask for the domestic violence application forms; staff will help you complete them. You swear an information or affidavit describing what has happened, with dates and specific incidents, before the judge. Urgent applications can be heard the same day, often without the respondent being present, and special sittings of the District Court can be arranged outside normal hours (section 24). There is no court fee. You can bring a support worker or another person to court with you (section 26).
  5. Collect and bring evidence. Write a dated list of incidents: what was said or done, injuries, threats, damage, and who saw it. Bring medical records or GP notes, photographs, screenshots of messages and social media posts, voicemails, Garda incident numbers and statements from witnesses. Evidence of controlling behaviour, such as monitoring your phone, restricting money or isolating you from friends, is relevant. The court decides on the balance of probabilities whether there are reasonable grounds for believing that your safety or welfare, or that of a dependent person, requires the order.
  6. Attend the full hearing. The respondent is served with notice of the full hearing and can give evidence. Hearings are in private. The court can direct that the respondent may not cross-examine you personally, and must do so for a witness under 18, unless the interests of justice require otherwise; the questions are then put by a lawyer, and the Legal Aid Board must grant legal aid for that purpose (section 16). Evidence can be given by video link in some cases (section 25). The judge may hear the views of a child who is affected and must give reasons for granting or refusing an order (section 17).
  7. Make sure the order takes effect. An order takes effect when the respondent is notified of it: if they are in court, immediately; otherwise when they are told about it and shown a copy, or when the Gardaí serve it (section 18). The court office sends copies of the order to the local Garda station. Keep a copy of the order with you at all times, and give copies to your children's school or crèche if the order covers them.
  8. Report every breach. Breaching a safety, protection, barring, interim or emergency barring order is an offence carrying up to 12 months' imprisonment and a fine (section 33). The Gardaí can arrest without warrant on your complaint (section 35). Report each breach, however minor it seems, and ask for a PULSE incident number. Do not invite the barred person back into the home: that weakens your position and does not cancel the order, which can be varied only by the court.
  9. Consider criminal and family proceedings. Abuse may also be a crime, such as assault, coercive control under section 39, stalking or harassment. Prosecutions are taken by the Director of Public Prosecutions, and the Court of Appeal has increased lenient sentences for coercive control, as in DPP v M.G. [2026] IECA 87, where the court identified 5 years as the headline sentence. Separately, ask the District Court to deal with custody, access and maintenance, and see a solicitor about longer-term arrangements for the family home.

What to watch out for

Legal basis

5
This law, the Domestic Violence Act 2018, consolidates existing domestic violence legislation and introduces new measures to protect victims…
This law establishes a new body called the Domestic, Sexual and Gender-Based Violence Agency.
This law, the Civil Legal Aid Act, 1995, establishes the Legal Aid Board to provide legal aid and advice to individuals who cannot afford it in civil…
This law establishes a new structure for handling family law cases within the existing court system, creating specialized Family High Court, Family…
This law is about the custody and guardianship of children under 21 years old, aiming to consolidate and amend previous laws on these matters.

Related court decisions

3
DPP v M.G.: sentence for sexual assault and coercive control under s. 39 Domestic Violence Act 2018 found unduly lenient; the Court of Appeal placed the coercive control at the upper end of gravity, took 5 years (the maximum) as headline and resentenced to 4 years for that count.
DPP v Lawlor: review of sentences for assault causing harm and coercive control against a partner; the Court of Appeal imposed consecutive sentences totalling 4 years, with the final 12 months suspended in view of a positive probation report and attendance at the MEND programme.
U.V. v Y.Z.: in Hague return proceedings the court weighed allegations of domestic violence and noted that no Garda or court protection had been sought at the time; illustrates why reporting and applying for orders promptly matters as evidence.

Frequently asked questions

9
How do I get a barring order in Ireland?

Go to the District Court office for the area where you live and ask for the domestic violence application forms. Staff will help you complete them, and urgent applications can be heard the same day. If the risk is immediate, the judge can make an interim barring order straight away, followed by a full hearing at which the other person can respond. There is no court fee.

What is the difference between a safety order and a barring order?

A safety order stops the person from being violent, threatening or harassing you and from watching your home or contacting you, but it does not require them to leave. A barring order requires them to leave the home and stay away. Barring orders are only available to spouses, civil partners, cohabitants and parents against adult children.

Can I get a safety order against my ex-boyfriend if we never lived together?

Yes. Since the Domestic Violence Act 2018, a person who was in an intimate relationship with the respondent can apply for a safety order even if they never lived together. A barring order, however, requires that you lived together.

How long does a barring order last?

A barring order made by the District Court lasts up to three years and a safety order up to five years, unless the court sets a shorter period. Either can be renewed before it expires. Interim and emergency barring orders made without notice last up to 8 working days unless confirmed.

What is coercive control?

It is a criminal offence under section 39 of the Domestic Violence Act 2018: knowingly and persistently behaving in a controlling or coercive way towards a spouse, civil partner or intimate partner, causing them to fear violence or serious alarm or distress that substantially affects their daily life. It carries up to five years' imprisonment. Report it to the Gardaí.

Do I need a solicitor for a barring order?

No. Most applicants make the initial application themselves with help from the court office or a support service. You can apply to the Legal Aid Board, which prioritises domestic violence cases. If the court prevents the respondent from cross-examining you personally, legal aid is granted for representation.

Can I get a barring order if the house is in my partner's name?

If you are married or in a civil partnership, yes; ownership does not matter. If you are a cohabitant or a parent, you cannot get a barring order where the respondent has a greater interest in the home, but you can get a safety order and, if there is an immediate risk, an emergency barring order for up to 8 working days.

What happens if the person breaks the order?

Call the Gardaí. Breach is a criminal offence punishable by up to 12 months' imprisonment and a fine, and the Gardaí can arrest the person without a warrant. Each breach should be reported and recorded with an incident number.

Will the other person be told about my application?

For an interim barring, emergency barring or protection order, the court can decide without the other person being present, but they will be notified of the order and of the full hearing, where they can give evidence. Your address can be protected in certain circumstances; tell the court office if this is a concern.

Legal guide – individual how-tos

6

Analyse my document →Legal guideContract templatesCountry home page

Last updated: · Sources: Domestic Violence Act 2018 (ss. 6–10, 16–18, 33, 35, 39), Domestic, Sexual and Gender-Based Violence Agency Act 2023, Civil Legal Aid Act 1995, Family Courts Act 2024, irishstatutebook.ie, EUR-Lex

Explanations are generated from the official legal text and are indicative; only the full text, which every page links to, is binding. Europaius provides legal information, not legal services.