Ask a solicitor: What to do when I don't feel safe in my home any more
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I have a problem with my ex-partner that I need help with. I am in my mid-50s and was in a relationship with a neighbour for over 10 years. We are both farmers, I inherited my parents' farm some time ago as their only child and my ex has a farm a few miles away.
We knew each other for years growing up but only started a relationship about 10 years ago. We are not married and do not have children. We have never lived together.
I decided to end the relationship a few months ago as I grew tired of his behaviour. Most of the time he was lovely but when he had a drink his personality changed completely and he would say horrible things to me. Recently he has started to drink more and more frequently. He has never hit me, but on a few occasions I was scared that he would as he would be screaming in my face.
Since I ended the relationship, he has come to my home on quite a few occasions to try to reconcile.
On some of these occasions, he has been drunk and I have not answered the door. He has been yelling abuse at me through the letterbox. He has also at times parked his car across from my driveway so he can watch me coming and going from my home. I am sick of this and don’t really feel safe in my home anymore as I don’t know if/when he will turn up and what state he will be in. What can I do?
You can apply to the courts for a Safety Order. Previously you could only apply for a Safety Order against an ex-partner if you lived together but this has now changed and anyone who was in an intimate relationship with another can apply for a Safety Order against them. A Safety Order, if granted, would prohibit your ex-partner from committing any violence or threats of violence against you. It can also order your ex-partner to stay away from your home and prohibit him from watching your home or being near it. It can also prohibit any communication from your ex-partner, including any social media contact.
An application is made in the District Court and the Order if granted can last for up to 5 years. Once you make the application you will be given a summons for the hearing date. Your ex-partner will be served with the application and will have a chance to argue his case at the full hearing. The court will make the Order if it considers that there are reasonable grounds for considering that your safety or welfare is at risk.
The court may also make an interim Order, called a Protection Order, in your favour when you make the application for a Safety Order and the purpose of this is to protect you pending the full hearing of your application. I would advise you to seek a Protection Order as when your ex-partner is served with the summons, he may react and try to contact you or come to your house. If you ask the court to make a Protection Order in the interim to protect yourself pending a full hearing of your Safety Order application, typically the Judge will want to hear evidence from you as to why an interim Order is necessary.
If you were to make such an application and were to be granted a Safety Order and your ex-partner was to breach the Order, then he would be guilty of an offence under the Domestic Violence Act 2018 and may have to pay a fine of up to €4,000 or receive a prison sentence of up to 12 months.
Email: info@walshandpartners.ie
- While every effort is taken to ensure the accuracy of the information contained in this article, Karen Walsh does not accept responsibility for errors or omissions howsoever arising. Readers should seek legal advice in relation to their particular circumstances at the earliest opportunity.
