Six years after emergency barring orders were introduced, Kerry has yet to see one being filed

By Anna Zacharias, The Kerryman

In Kerry, the most glaring domestic violence statistic could be the one that isn’t there.

In 2019, Ireland added the emergency barring order to its arsenal of domestic violence legislation.

It was intended to keep domestic abuse victims safe by giving them a chance to secure a court-issued order. Crucially, it is available to those without equal property rights.

But not one emergency barring order application has been recorded in Kerry, an investigation by The Kerryman has found.

No application was made in Tralee District Court since its introduction, according to Courts Office statistics. Figures for the county’s other district courts, in Cahersiveen, Dingle, Listowel, Kenmare, Killarney and Killorglin, were not available.

This mirrors a national trend where just 508, or 1.8 per cent, of applications fall into this category.

Every day, court in Kerry typically begins or ends with a domestic violence application. Heavy doors are unlocked but only a handful of people may enter before the judge: a solicitor or two, gardaí and a complainant requesting a protection order. Usually, it is a woman, seeking distance from her partner or former partner.

When someone is in danger from family, the court offers protections: barring orders, protection orders, safety orders and interim barring orders. Last year, 589 such applications were made in Tralee District Court.

They become Kerry’s invisible cases.

These applications are amongst Kerry’s most common hearings, and the least visible. Domestic violence cases are closed to the public. Media seldom report on applications, which are common, although the stakes can be life or death.

Tralee alone accounted for just over two per cent of 27,429 national domestic violence order applications in 2025.

Across Ireland, that averages 75 a day.

Hearings to grant long-term orders, and trials for breaching them, take place in near empty courts. Personal details are not shared to protect privacy. Consequently, as local media we are more likely to report on someone’s uninsured car than domestic violence hearings unless criminal charges are made.

Last year, the Tralee District Court granted 152 protection orders. These are a temporary measure until a full hearing with both parties comes before a judge for a permanent order. This can take six to eight weeks, say solicitors.

The judge can then issue a barring or safety order banning the perpetrator from the family home for years.

“There’s probably a reluctance to apply for emergency barring orders because the threshold is high, so people decide to seek the protection of the court by way of a protection order,” says Damien Cashell, a Tralee solicitor specialising in family law. “Bear in mind, the protection order is a valuable tool. If a person breaches a protection order, it becomes a criminal matter.”

In Tralee, an average of 71 per cent of protection orders applications a year were granted since 2020, approaching the national average of 78 per cent during this period.

People know their rights and there’s less fear around applying

Fewer than a third of barring order applications are granted annually over the same period in Tralee, and Ireland.

But there has been a transformation in the last decade, says Cashell.

“People know their rights and there’s less fear around applying. The days of women, and generally it is women, thinking, ‘I just have to put up with it’, are long gone. That archaic thinking is long gone.”

Emergency barring orders were introduced with an overhaul of domestic violence legislation. They were also intended to draw Ireland in line with international standards outlined in the Istanbul Convention.

But Ireland still lacks a true emergency barring order, says Dr Susan Leahy, a University of Limerick law professor specialising in domestic violence.

The order introduced in the 2018 Domestic Violence Act still requires a court appearance by the victim and may not give gardaí a chance to protect victims in an escalating situation.

“It’s still a court application, there’s still going to be a time lag there and you’re still going to have a situation where someone just doesn’t have space,” says Leahy.

When gardaí are called to a home, they can only make an arrest if someone is suspected of committing an offence that has a penalty of at least five years imprisonment.

There are limits when police are called in Ireland and there isn’t an order in place

Dr Susan Leahy, University of Limerick

Otherwise, gardaí require a court-granted domestic violence order.

“Other jurisdictions would have orders which can be led by police so if somebody comes to a home or an incident, and if they think requirements are met, they can remove a perpetrator for a period of time,” says Leahy. “It might be 48 hours, it might be a few days. We are missing that and it’s a significant chink in our armour in protecting victims of domestic abuse in Ireland.

“There are limits when police are called in Ireland and there isn’t an order in place.”

A true emergency order gives victims an opportunity to get to court, says Leahy.

“It gives you a space to make a safety plan for yourself, it gives you a space to make that court application which some victims may not have unless that space is given and it could diffuse an escalating situation. We know that domestic abuse can have fatal consequences.

“If you’re in that kind of environment, you may not even be able to get to a court, you may not have access to your phone. So how can we expect them to make a call and get an order?”

The ability for gardaí to take immediate action can be critical, she says.

“The language of emergency barring orders suggests we do have it here. But we don’t. Our emergency barring order is essentially an extension of the interim barring order.”

Ireland’s strong emphasis on property rights holds challenges, notes Leahy.

Barring orders, which require the alleged abuser leave the property, are only available to complainants with property rights equal or greater.

“That, generally, is fine for spouses but it can be problematic for co-habitants or a parent living in an adult child’s home or a home passed onto the name of the adult child,” says Leahy.

Anecdotally, people say barring orders have been granted in Kerry to those without equal property rights.

Even when a survivor obtains a barring order, it is often the beginning of a long process, say staff at Adapt Kerry, Women’s Refuge and Support Services.

Each time an order is breached, the complainant must give a statement and can be required to attend court.

A perpetrator might breach an order five or six times before facing financial penalty or imprisonment, says Catherine Gayson, the refuge co-ordinator.

“A lot of women coming think if they get an order, their lives are easier, their lives are simplified. It is only the start of her defending herself constantly.”

Survivors in Kerry have been stopped from bringing a support person into the courtroom, as is their legal right, says Jessica Fox, the shelter’s legal advocate.

This is critical to get survivors into the courtroom, she notes.

“It’s often the first time they’re seeing their perpetrator and, while the other side would argue their solicitor is there and that is meant to be their support person, that is not the person who has carried her or supported her in this journey,” says Fox. “She needs a friendly, warm, familiar face, somebody who will have her back, because she has been let down before.”

“Someone who believes her,” says Gayson.

If you have been affected by issues in this article, you can call Adapt Kerry’s 24-hour helpline 066 712 9100 or email support@kerryrefuge.com or visit kerryrefuge.com

Or call Women’s Aid National freephone 1800 341 900 , email helpline@womensaid.ie or visit womensaid.ie

Contact Men’s Aid at 01 554 3811, hello@mensaid.ie or mensaid.ie