Domestic Violence Flashcards
What is a Safety Order
Domestic Violence Act 2018…… Section 6
Where the court, on application to it, is of the opinion that there are reasonable grounds for believing that the safety or welfare of an applicant or a dependent person so requires it
Under section 6(2) does not allow
“o Violence or threat thereof, molestation or putting applicant into fear;
o If not cohabitants- cannot watch place of residence
o No communication including electronic.”
Can be varied under section 6(8)
Can apply if section 6(1):
o Spouse/ Civil Partner o Cohabitant Romantic o Cohabitant - non- contractual o Parent of 18+ Child non- dependent o Against parent of your child (co parenting)
- Lasts for at most FIVE YEARS.
- it can be for shorter periods - You can extend this order before it expires section 6 (5-6)
Not done ex-parte
Y’all may still be livin’ together. But cannot do anything to put you in harm or fear.
What is a Protection order
Section 10 of Domestic Violence Act 2018
o Is one of the interim domestic violence orders
o Provides protection against assault pending a full hearing. This can be made while awaiting a safety or barring order.
Where the court, on application to it, is of the opinion that there are reasonable grounds for believing that the safety or welfare of an applicant or a dependent person so requires it
Under section 10(1) does not allow
“o Violence or threat thereof, molestation or putting applicant into fear;
o If not cohabitants- cannot watch place of residence
o No communication including electronic.”
Can be varied under section 10(5)
Can apply:
They are available to anyone who has started applications for safety, or barring, orders and if the court decides that there are reasonable grounds to believe that the safety or welfare of the applicant is under threat or any dependent person requires a protection order to be made pending the full hearing of the barring or safety order, one will be made.
- Lasts only until hearing date of the substantive issue
- it must be expressly extended to the next hearing date
Ex-parte rules: section 10(7-9)
- Affidavit
- Notive of evidence prepared
o By the judge in the case
o. By your solicitor
o By otherwise directed by judge - Affidavit and Notice to be served on the respondent as soon as practicable
- Notive of evidence prepared
Y’all may still be livin’ together. But cannot do anything to put you in harm or fear.
Barring Order
Section 7 of Domestic Violence Act 2018
Who can apply: Section 7(1)
O Spouse/ Civil Partner
O Cohab romantic
O Parent of 18+ Non Dependent Child
What must the Court believe and what will they do: Section 7(2 -3)
- Court believing that the safety or welfare of the applicant or a dependent person so requires
(i) direct the respondent, if residing at a place where the applicant or the dependent person resides, TO LEAVE THE PLACE, and
(ii) whether the respondent is or is not residing at a place where the applicant or the dependent person resides, PROHIBIT the respondent FROM ENTERING the place until further order of the court or until such other time as the court shall specify.
(b) In deciding whether or not to make a barring order the court shall have regard to the safety and welfare of any dependent person in respect of whom the respondent is a parent or in loco parentis, where the dependent person is residing at the place to which the order, if made, would relate.
(3) A barring order may, if the court thinks fit, prohibit the respondent from doing one or more of the following:
(a) USING or THREATENING to use VIOLENCE against, MOLESTING or putting in FEAR, the applicant or a dependent person;
(b) ATTENDING at or in the VICINITY of, or watching or BESETTING, a place where the applicant or a dependent person RESIDENCE;
(c) FOLLOWING OR COMMUNICATION (including by electronic means) with the applicant OR a dependent person.
_________-
Bars to relief:
section 7(6) - must have equal or greater property interest in the home
- Section 7(8) Maxes out at 3 years
Can apply for an extension before expiration (section 7(10)
Can be varied under section 7(12)
What is an Emergency Barring Order
Section 9 of Domestic Violence Act 2018
Section 9(1)
- does NOT apply to spouses
- applies to cohabitants (romantic)
- Parents of adult children non- dep
Section 9(2) Does not require equal or greater interest in the property so long as they reside there
9(3) Test for Emergency Barring Order
- Immediate or serious risk to the applicant and dependents if the order is not made immediately.
- forces person to leave immediately
- No contact and no communication
- lasts for 8 days
Ex Parte rules 9(14)
(a) a note of evidence given by the applicant shall be prepared forthwith—
(i) by the judge,
(ii) by the applicant or the applicant’s solicitor and approved by the judge, or
(iii) as otherwise directed by the judge,
and
(b) a copy of the emergency barring order, affidavit or information sworn under subsection (12) and note of evidence shall be served on the respondent as soon as practicable.
You cannot apply for another emergency barring order until 1 month after the expiration of the last one section 9(16)
Interim Barring Order
Section 8 of Domestic Violence Act 2018
- can only apply while waiting for the real barring order
Last until the next hearing date unless made ex-parte then only 8 days unless confirmed you have a barring order in the meantime.
8(1) Only granted where there is immediate risk of significant harm to applicant and dependents and a protection order would be insuffiencent.
8(5) must have equal or greater interest in the home
8(12) if the place barred from is also respondent’s place of business this must be disclosed in affidavit
Forces the respondent out of the home.
No contact
No threats
No watching house
Ex-parte normal rules apply section 8(14)
Breach of Order
Section 33
Class B fine and or 12 months in prison
Notice of Effect
Section 18- Order is not in effect until it is served on respondent either by:
- The applicant orally or a 3rd party to respondent with a copy of the order
- By a guarda
- If in the court room
Third party Notification
section 19- It may be necessary to inform the guarda of the notice. If they are called upon to enforce the notice they can do nothing unless they have a copy of the notice.
It may also be necessary to give to the CFA
Children and Family Agency
secction 11- can apply for protection order on your behalf
Televised Evidence
Section 25- television evidence possible where the victim is likely to be intimidated
Support person
section 26
Views of Child
section 27
Coercive control
section 39
Court recommendations to respondent
section 29:
- domestic violence courses
- addiction counselling
- counsellign
- financial services
Prohibition of forced marriage and under age marraiges
section 38
