Legal protections available to you

Protection Order

A Protection Order allows an abusive partner to remain in the home, but they may not use violence or threaten you. If the abuser does not live with you, the Protection Order may prohibit them from watching, or being near, your home. A Protection Order may also prevent them from following you or communicating (including by phone, email and social media) with you or a dependant.

A Protection Order is a temporary order. If you want a Protection Order, while you wait for the full hearing for a Barring or Safety Order, the judge will hear your case on the day you make your application.

Your application will be heard on an “ex parte” basis. This means that the abuser will not be in court and they will not know that you are making this application.

You will have to tell the judge why you need an order and the order will be granted based on this evidence.

Interim Barring Order

An Interim Barring Order means the abuser may not come into your home. It may also prohibit them from watching, or being near, your home or following or communicating (including by phone, email or social media) with you or a dependant.

An Interim Barring Order will only be in place until the full hearing of the barring order. An Interim Barring Order can also be made “ex parte” (where the abuser is not in court). Interim Barring Orders last for a maximum of 8 days.

An Interim Barring Order is a Temporary Order, put in place until the full hearing for your Barring Order takes place.

Emergency Barring Order

An Emergency Barring Order is a Temporary Order similar to an Interim Barring Order, meaning that the violent person is excluded from the home.

Unlike an Interim Barring Order, the applicant does not have to satisfy the Property Test to be able to get an Emergency Barring Order. This means that you do not need to own, co-own or have their name on the lease of the property.

An Emergency Barring Order can last for a maximum of 8 working days and a new Emergency Barring Order may not be made until a month after the first one expires, unless there are “exceptional” circumstances which justify the making of a second order in that time.

Safety Order

A Safety Order means an abuser can remain in the home but may not use violence or threats against you or a dependant. If the abuser is not living with you, the Safety Order may prohibit them from watching or being near your home. A Safety Order may also prohibit the abuser from following or communicating (including by phone, email or social media) with you or a dependant A Safety Order made in the District Court can last for up to five years.

Barring Order

A Barring Order means the abuser may not come into your home. It may also prohibit them from watching, or being near, your home or following or communicating (including by phone, email or social media) with you or a dependant.

If the court grants a Barring Order, the abuser must leave the family home until the order expires. This can be for anytime up to 3 years.