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QUINN MARTIN & LANGAN - SOLICITORS AND NOTARIES PUBLIC
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A Power of Arrest is an additional level of security which the court can grant in addition to an Interdict. A Power of Arrest allows police to arrest a person where they have reason to believe a person is in breach of an Interdict without a warrant.
Our solicitors have many years of experience in this area, and we can help protect you and your family. If you are concerned that a former partner or another party may breach an Interdict you have against them, get in touch with our solicitors today.
What is a Power of Arrest?
A Power of Arrest enables the police to arrest a person without a warrant where they have reasonable cause to believe that the person is in breach of the Interdict and they consider that there would be a risk of abuse if the person were not arrested.
When will a Power of Arrest be granted?
The court can grant Powers of Arrest in specific circumstances. If you have suffered domestic abuse and subsequently been granted an Interdict, the court will automatically grant a Power of Arrest. When looking at whether to grant a Power of Arrest automatically, the court will look at all of the circumstances to determine whether the Interdict is a Domestic Abuse Interdict. Our lawyers can assist you by ensuring you get the best possible outcome.
In other circumstances, the court will grant a Power of Arrest where it is essential to protect you from the risk of harm or abuse as a result of a breach of Interdict.
In order to become effective, a Power of Arrest must be served on the defender along with a copy of a document called an Initial Writ. Once this has been served, the Chief Constable will be notified and also provided with a copy of the Initial Writ, as well as the court order which sets out both the order and proof that the defender has been served with the relevant legal documents.
How long do Powers of Arrest last?
The court must set out when the Powers of Arrest will end, and this must be no more than three years from the date they were granted. But, this time limit can be reviewed and extended by the court if necessary.
If you need to protect yourself and your family from a spouse or former partner following domestic abuse or the grant of another Interdict contact our team right away. Quinn Martin & Langan can help you to protect yourself and your family immediately. When you contact us, we will explain everything you need to know clearly and concisely.