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Family Law 1 > Domestic Violence > Flashcards

Domestic Violence Flashcards

1
Q

how frequent is DV

A

1/4 women

1/16 men

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2
Q

Definition for DV

A

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

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3
Q

cyclical nature

A

tension- violence- honeymoon phase

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4
Q

First act of DV:

A

1976- 3 months barring order

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5
Q

2nd DV act:

A

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

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6
Q

O’B v O’B SC

A

restricted to physical violence and threats of same

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7
Q

1996 act

A
  • psychological welfare
  • Safety order
  • interim barring order
  • prohibits person from attending, watching or besetting the residence
  • Garda arrest w/o warrant
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8
Q

What act is in place for DV today

A

Domestic Violence act 2018

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9
Q

what does the domestic violence act 2018 include

A
  • criminal offence of coercive control

- emergency barring orders

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10
Q

orders available

A
  1. Safety Order
  2. Protection Order
  3. Emergency Barring Order
  4. Interim Barring Order
  5. Barring Order
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11
Q

who can seek protection

A

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

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12
Q

what types of relationships are valid

A

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
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13
Q

remedies pre 1976

A
  • damages (tort)
  • criminal prosecution
  • injunction
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14
Q

first civil remedy for DV

A

1976 S22 act proving a 3 month barring order

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15
Q

how long was a barring order in the 1981 act

A

1 year

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16
Q

what order was introduced in 1981

A

protection order

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17
Q

what is a protection order

A

protects individual during the period a barring order is being introduced

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18
Q

MC A v MC A 1981

A

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

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19
Q

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

A

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

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20
Q

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

A

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

21
Q

introduced through 1996 act

A
  • physical and psychological welfare
  • some protection to cohabitees and dependent persons
  • protects parents from 18+ kids
22
Q

safety order act 2018

A

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

23
Q

Barring Order 2010 ac ts 6

A

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

24
Q

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

A

they are temporary

25
Q

define molest (case)

A

Vaughan case- means to pester

Fearon v Aylesford- intention to annoy

26
Q

Define watching and besetting

A

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

27
Q

Irish case of besetting

A

L v Ireland

28
Q

Protection order 2018 act s 10

A

protected until the hearing

violent person does not have to leave home but must refrain from violence

29
Q

G v Collins

A

protection order cannot influence judge

30
Q

interim barring order 2018 act S8

- time-efficient

A

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

31
Q

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

A

D.K v Crowley

32
Q

Emergency Barring order 2018 act S9

A

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

33
Q

what to apply for in practice

A

BO and a Safety order

34
Q

Third-Party Applications 2018 Act S11

A

Tusla can apply for SO/BO

take into account the danger of applying for order

35
Q

Cohabitants

A

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

36
Q

introduced by 2018 act

9 points

A
  • 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
37
Q

Coercive Control 2018 act S39

A

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

38
Q

factors of consideration for coercive control

15- no need to remember all

A
  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
39
Q

views of the child S27 (1)

A

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

40
Q

Court Accompaniemtn S26 (1)

A

person of their choice

41
Q

S34

A

all heard in camera

42
Q

S25 (1)

A

video link

43
Q

S28

A

info to victim support

44
Q

Who cannot apply for BO

A

Adult siblings

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

45
Q

Def of dependent

A

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

46
Q

breach of DV

A

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

47
Q

Powers of Arrest S35

A

without warrant

48
Q

Ancillary orders

A

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

Family Law 1 (3 decks)

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