Domestic Violence

Question 1

how frequent is DV

Answer 1

1/4 women

1/16 men

Question 2

Definition for DV

Answer 2

Not defined in Statute
Garda def: physical, sexual, finical, emotional or psychological abuse of one person against another within a family environment or by an intimate partner currently or previously, regardless of gender or sexuality

Question 3

cyclical nature

Answer 3

tension- violence- honeymoon phase

Question 4

First act of DV:

Answer 4

1976- 3 months barring order

Question 5

2nd DV act:

Answer 5

1981- 1 year barring order, protection order covering the application and determination of BO

Question 6

O’B v O’B SC

Answer 6

restricted to physical violence and threats of same

Question 7

1996 act

Answer 7

• psychological welfare
• Safety order
• interim barring order
• prohibits person from attending, watching or besetting the residence
• Garda arrest w/o warrant

Question 8

What act is in place for DV today

Answer 8

Domestic Violence act 2018

Question 9

what does the domestic violence act 2018 include

Answer 9

• criminal offence of coercive control

- emergency barring orders

Question 10

orders available

Answer 10

1. Safety Order
2. Protection Order
3. Emergency Barring Order
4. Interim Barring Order
5. Barring Order

Question 11

who can seek protection

Answer 11

any one of any sex. before 2018 it applied to opposite sex and cohabitants who lived with each other for 6/9 months

Question 12

what types of relationships are valid

Answer 12

intimate relationship no need for cohabitation of sexual in nature

• spouse
• cohabitant
• partners with child in common
• partners in an intimate relationship
• parents with abusive children
• people residing with the respondent in a non contractual relationship

Question 13

remedies pre 1976

Answer 13

• damages (tort)
• criminal prosecution
• injunction

Question 14

first civil remedy for DV

Answer 14

1976 S22 act proving a 3 month barring order

Question 15

how long was a barring order in the 1981 act

Answer 15

1 year

Question 16

what order was introduced in 1981

Answer 16

protection order

Question 17

what is a protection order

Answer 17

protects individual during the period a barring order is being introduced

Question 18

MC A v MC A 1981

Answer 18

husband would only communicate thorough notes or through their 3-year-old child- BO enforced seriously effected welfare of wife

Question 19

definition of ‘safety and welfare’ as per O’B V O’B

Answer 19

Something wilful and avoidable which causes or is likely to cause, hurt, hard, not a single occurrence but as something which is continuing or repetitive in its nature

Question 20

husband being rude in front of children showing lack of sensitivity causing wife to suffer from nervous strain

Answer 20

not enough- ordinary wear and tear of married life, contentious as per griffen j dissenting judgment

Question 21

introduced through 1996 act

Answer 21

• physical and psychological welfare
• some protection to cohabitees and dependent persons
• protects parents from 18+ kids

Question 22

safety order act 2018

Answer 22

protects the safety of family in situations of threats or violence but not so far as to make the perpetrator leave, ex parte, up to 5 years

the perpetrator can’t threaten or use violence and if living outside the home cannot watch or beset the place

Question 23

Barring Order 2010 ac ts 6

Answer 23

violent person to leave home,
granted in instances of physical, emotional and psychological abuse,
3 years

Question 24

what do interim orders, emergency orders and protection orders have in common

Answer 24

they are temporary

Question 25

define molest (case)

Answer 25

Vaughan case- means to pester | Fearon v Aylesford- intention to annoy

Question 26

Define watching and besetting

Answer 26

non-fatal offences against the person act - person resides, works, carries on business or happens to be or to approach such premises where they are followed in a disorderly manner

Question 27

Irish case of besetting

Answer 27

L v Ireland

Question 28

Protection order 2018 act s 10

Answer 28

protected until the hearing | violent person does not have to leave home but must refrain from violence

Question 29

G v Collins

Answer 29

protection order cannot influence judge

Question 30

interim barring order 2018 act S8 | - time-efficient

Answer 30

applied ex parte violent person must leave the home until hearing, same effect as baring order - must have a time limit Keating v Crowley DV act 02- effective for 8 working days

Question 31

case, where interim barring was produced withot time-limit, found unlawful and damages awarded

Answer 31

D.K v Crowley

Question 32

Emergency Barring order 2018 act S9

Answer 32

operates same ass BO- 8 working days, ex parte, used for cohabitants who do not satisfy property tests, immediate risk of significant harm

Question 33

what to apply for in practice

Answer 33

BO and a Safety order

Question 34

Third-Party Applications 2018 Act S11

Answer 34

Tusla can apply for SO/BO | take into account the danger of applying for order

Question 35

Cohabitants

Answer 35

no time requirement , must satisfy the property test intimate relationship (does not mean sexual)

Question 36

introduced by 2018 act | 9 points

Answer 36

- Coercive Control - Emergency Barring Order - Television link in courts - applicant can be accompanied - offence of forced marriage - minimum age for marriage - Closed Court - Views of child - restricted media attendance

Question 37

Coercive Control 2018 act S39

Answer 37

persistently and knowingly engaged in behaviour that is controlling and has a serious effect on a relevant person and a reasonable person would consider to have a serious effect on relevant person 1 year prison DC 5 years CC

Question 38

factors of consideration for coercive control 15- no need to remember all

Answer 38

1. History of violence 2. Conviction of violence 3. violence by respondent is escalating 4. exposure of children to violence 5. previous DV 6. history of animal cruelty 7. destruction of property 8. recent separation 9. Substance abuse 10. access to weapons 11. applicants perception of risk 12. age, health, pregnancy of applicant and children 13. evidence of deterioration of welfare caused by fear 14. economic dependency 15. respondent engaged in perpetrator programmes

Question 39

views of the child S27 (1)

Answer 39

take into account age, maturity seek out views of child and may appoint expert

Question 40

Court Accompaniemtn S26 (1)

Answer 40

person of their choice

Question 41

S34

Answer 41

all heard in camera

Question 42

S25 (1)

Answer 42

video link

Question 43

S28

Answer 43

info to victim support

Question 44

Who cannot apply for BO

Answer 44

Adult siblings | parents against non-dependent child if the child owns property or property has been transferred to them but can get SO

Question 45

Def of dependent

Answer 45

Child= natural or adopted Dependent person= under 18 or disability any child of applicants or respondents who is under 18 or disabled

Question 46

breach of DV

Answer 46

criminal offence, Class B fine or imprisonment of up to 12 months

Question 47

Powers of Arrest S35

Answer 47

without warrant

Question 48

Ancillary orders

Answer 48

At sae time as order in relation to DV- regarding custody and access to children and maintenance order s