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Ask Ronan Your Own Question
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2253
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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I have a query about the ability of a Husband who has not been

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I have a query about the ability of a Husband who has not been living in the Family home for 7 years or contributing to it. He was a violent man and has recently entered the house without permission and forced his way into his wifes room. (they are still married/not seperated but he has not lived there in 7 years and when last lived there was forceable removed by the Gards). He has said that he is going to move back into the house and will force his way in. Can he do this after being away for so long. There is a history of domestic violence suffered by the wife at the hands of the husband.
She needs to immediately attend the district court and seek to make an application for a protection order and a barring order. On foot of the violence the court will order that he is bared from the property and is not entitle to contact her or beset her in anyway aggressive manner. In the event he breaches the barring Oder he can be arrested and criminally prosecuted
Customer: replied 4 years ago.

It has been some time since the last violence as he has not been living with her for some time. The Garda have said that they would not give her a protection order because the violence was so long ago? That said there is repeated agression and the latest threat to move back into the house and move her out of her bedroom. Is the info she has recieved from the Garda correct and can he decide to move back in at any stage he wishes? How does she go about getting a protection order? Does she need to involve a solicitor or Garda at this stage?

Firstly, it is not the Gardai that give protection orders or barring orders, it is the judge. The Gardai have no involvement in relation to family law matters.

Secondly, any threat of violence or aggression is sufficient for a barring order so her evidence in relation to recent threats is sufficient

So in summary, the Gardai is incorrect in relation to his advice. She simply needs to go to the courthouse and ask the clerk to issue the relevant applications for protection and barring order

It would be advisable she get the assistance of a solicitor and this can be applied for through the legal aid board if she so wishes

Customer: replied 4 years ago.

Thank you... One last clarification. is he entitled to move back into the house??

No he is not, once the application is made an interim protection and barring order will be put in place.
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