Domestic Violence Flashcards
how frequent is DV
1/4 women
1/16 men
Definition for DV
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
cyclical nature
tension- violence- honeymoon phase
First act of DV:
1976- 3 months barring order
2nd DV act:
1981- 1 year barring order, protection order covering the application and determination of BO
O’B v O’B SC
restricted to physical violence and threats of same
1996 act
- psychological welfare
- Safety order
- interim barring order
- prohibits person from attending, watching or besetting the residence
- Garda arrest w/o warrant
What act is in place for DV today
Domestic Violence act 2018
what does the domestic violence act 2018 include
- criminal offence of coercive control
- emergency barring orders
orders available
- Safety Order
- Protection Order
- Emergency Barring Order
- Interim Barring Order
- Barring Order
who can seek protection
any one of any sex. before 2018 it applied to opposite sex and cohabitants who lived with each other for 6/9 months
what types of relationships are valid
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
remedies pre 1976
- damages (tort)
- criminal prosecution
- injunction
first civil remedy for DV
1976 S22 act proving a 3 month barring order
how long was a barring order in the 1981 act
1 year
what order was introduced in 1981
protection order
what is a protection order
protects individual during the period a barring order is being introduced
MC A v MC A 1981
husband would only communicate thorough notes or through their 3-year-old child- BO enforced seriously effected welfare of wife
definition of ‘safety and welfare’ as per O’B V O’B
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
husband being rude in front of children showing lack of sensitivity causing wife to suffer from nervous strain
not enough- ordinary wear and tear of married life, contentious as per griffen j dissenting judgment
introduced through 1996 act
- physical and psychological welfare
- some protection to cohabitees and dependent persons
- protects parents from 18+ kids
safety order act 2018
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
Barring Order 2010 ac ts 6
violent person to leave home,
granted in instances of physical, emotional and psychological abuse,
3 years
what do interim orders, emergency orders and protection orders have in common
they are temporary
define molest (case)
Vaughan case- means to pester
Fearon v Aylesford- intention to annoy
Define watching and besetting
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
Irish case of besetting
L v Ireland
Protection order 2018 act s 10
protected until the hearing
violent person does not have to leave home but must refrain from violence
G v Collins
protection order cannot influence judge
interim barring order 2018 act S8
- time-efficient
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
case, where interim barring was produced withot time-limit, found unlawful and damages awarded
D.K v Crowley
Emergency Barring order 2018 act S9
operates same ass BO- 8 working days, ex parte,
used for cohabitants who do not satisfy property tests,
immediate risk of significant harm
what to apply for in practice
BO and a Safety order
Third-Party Applications 2018 Act S11
Tusla can apply for SO/BO
take into account the danger of applying for order
Cohabitants
no time requirement ,
must satisfy the property test
intimate relationship (does not mean sexual)
introduced by 2018 act
9 points
- 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
Coercive Control 2018 act S39
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
factors of consideration for coercive control
15- no need to remember all
- History of violence
- Conviction of violence
- violence by respondent is escalating
- exposure of children to violence
- previous DV
- history of animal cruelty
- destruction of property
- recent separation
- Substance abuse
- access to weapons
- applicants perception of risk
- age, health, pregnancy of applicant and children
- evidence of deterioration of welfare caused by fear
- economic dependency
- respondent engaged in perpetrator programmes
views of the child S27 (1)
take into account age, maturity seek out views of child and may appoint expert
Court Accompaniemtn S26 (1)
person of their choice
S34
all heard in camera
S25 (1)
video link
S28
info to victim support
Who cannot apply for BO
Adult siblings
parents against non-dependent child if the child owns property or property has been transferred to them but can get SO
Def of dependent
Child= natural or adopted
Dependent person= under 18 or disability
any child of applicants or respondents who is under 18 or disabled
breach of DV
criminal offence, Class B fine or imprisonment of up to 12 months
Powers of Arrest S35
without warrant
Ancillary orders
At sae time as order in relation to DV- regarding custody and access to children and maintenance order s
