Dáil Éireann Debate, Thursday - 14 May 2026
81. Deputy Marie Sherlock asked the Minister for Justice, Home Affairs and Migration the actions he has taken to better protect those in domestic violence situations such that renewal of a barring order is not left for renewal until 24 hours before expiry, and to give direction to local authorities to factor in existing barring orders in terms of deciding permanent exclusion from the tenancy; and if he will make a statement on the matter. [28427/26]
View answerThe determination of applications for domestic violence orders, including any further applications prior to expiry, is a matter for the judiciary, who are independent in the exercise of their functions. The Domestic Violence Act 2018 provides a suite of civil court orders designed to protect applicants and any dependent persons, including safety orders (section 6), barring orders (section 7); and short term/interim protection measures including protection orders (section 10), interim barring orders (section 8) and emergency barring orders (section 9).
A barring order directs the respondent to leave and/or prohibits entry to the place where the applicant (and/or dependent persons) resides, and may include additional prohibitions such as using or threatening violence, molesting, putting in fear, attending in the vicinity, following or communicating with the applicant or dependent persons. Emergency barring orders can be made for a period not exceeding 8 days. An interim barring order made ex parte can be made for an initial period not exceeding 8 days, and if made on notice to the respondent, it will ceases to have effect on the determination of the hearing for the substantive barring order.
Where a substantive barring order is made for a specified period, the 2018 Act provides that the applicant may apply to the court before the expiration of the order for a further barring order to take effect from the date on which the order expires. Applicants who anticipate ongoing risk should engage with the relevant court office as early as possible in advance of the expiry date to ensure that any further application can be processed and listed in good time, and to avoid any gap in protection.
To avoid any gaps in protection, the Act also provides for immediate, short-term protections where urgency arises. In particular, a protection order (section 10) may be sought in conjunction with an application for a safety order and/or barring order, pending the full hearing. In higher-risk circumstances, an interim barring order (section 8) or emergency barring order (section 9) may be sought. In addition, section 24 of the 2018 Act allows for a special sitting of the District Court to be arranged in certain circumstances on request by a member of An Garda Síochána (not below the rank of sergeant), to facilitate urgent applications where no sitting is available in the appropriate District Court district at the time. An order under section 9 may not exceed eight working days and further emergency barring orders may be made against a respondent within a month of the expiry of a previous barring order where exceptional circumstances justify this.
My Department is working to develop a new policy on removal orders to take offenders out of the home in high-risk cases. In particular, new powers are under active consideration that would allow gardaí to intervene in cases where they believe there is a high risk of domestic violence offences being committed.
