The main improvements to the law contained in the Domestic Violence Bill are as follows:

 

·         Victims of domestic violence who are cohabiting with or are parents of the perpetrator will be able to apply for an emergency barring order lasting for 8 working days. A person who applies for an emergency barring order will not have to have a greater or equal property interest in the relevant property.

·         It will be possible for a court, when making a safety order or barring order, to prohibit a perpetrator of domestic violence from communicating with the victim electronically.

·         A victim will have the possibility of being accompanied to court by a person of his or her choice to provide support during the hearing.

·         It will be possible for victims to give evidence by live television link so as to avoid the risk of intimidation by the perpetrator or an associate both in civil cases and in criminal cases for breaches of orders.

·         The courts will have the possibility of recommending that a perpetrator engages with services such as programmes aimed at perpetrators of domestic violence, addiction or counselling services.

·         The Courts Service will be required to provide information to victims of domestic violence about support services.

·         Children will have the opportunity to make their views known to the court where an order is sought on behalf of a child or relates in part to a child. The court will have the option of appointing an expert to assist the court to ascertain the views of the child.

·         There will be restrictions on the categories of person allowed to be in the courtroom during civil and criminal proceedings relating to domestic violence orders.

·         The anonymity of the victim, dependants and the perpetrator will be protected in criminal proceedings for breaches of orders, other than where the victim requests otherwise and the court so permits. However, the media will be able to report on these proceedings, provided that they respect the obligations concerning anonymity.

·         The Bill will provide for a new criminal offence of forced marriage.

·         The exemptions which enable persons under the age of 18 to marry will be repealed.

·         Existing provisions on domestic violence will be brought together in one piece of legislation to make the legislation easier to use.

 

The enactment of the Domestic Violence Bill is a key part of the Second National Strategy on Domestic, Sexual and Gender-based Violence 2016-2021. As part of this strategy, the Tánaiste recently launched a new national awareness campaign “What would you do?”. This campaign aims to bring about a change in long-established societal behaviours and attitudes to domestic and sexual violence and to activate bystanders with the aim of decreasing and preventing this violence.

 

The Programme for a Partnership Government includes a commitment to implement in full the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (the Istanbul Convention) and the commitments contained in the Second National Strategy on Domestic, Sexual and Gender-Based Violence.

The Domestic Violence Bill 2017 updates and consolidates the existing law in relation to domestic violence by integrating the changes to the Domestic Violence Act 1996 resulting from subsequent legislation. These include the changes made in the Domestic Violence (Amendment) Act 2002, the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, the Civil Law (Miscellaneous Provisions) Act 2011, the Courts and Civil Law (Miscellaneous Provisions) Act 2013 and the Children and Family Relationships Act 2015.

Consolidating the legislation on domestic violence will enable the general public to be aware of the increased protections that are available in legislation amending the 1996 Act and to make the legislation easier to use. The Bill also incorporates new legislative provisions which are necessary to enable Ireland to ratify the Istanbul Convention.

 

Information on the orders available under the Bill

NOTE AS THIS IS ONLY A BILL ANY LEGISLATIVE CHANGES ARE NOT YET IN FORCE

Safety Order

 

Who can apply for a safety order?

A spouse, a civil partner, an unrelated person who lived with the respondent in an intimate and committed relationship prior to the application for the order, a parent of an adult respondent, an adult person who lives with the respondent in a relationship the basis of which is not primarily contractual, or a parent of a child whose other parent is the respondent.

 

What does a safety order prohibit a respondent from doing?

Using or threatening to use violence against, molesting or putting in fear, the applicant or a dependent person; watching or besetting a place where the applicant or a dependent person resides; following or communicating (including by electronic means) with the applicant or a dependent person.

How long can a safety order last?

A safety order can last for up to 5 years. A further safety order can be made for an additional period of up to 5 years.

 

NOTE AS THIS IS ONLY A BILL ANY LEGISLATIVE CHANGES ARE NOT YET IN FORCE

Barring Order

 

Who can apply for a barring order?

A spouse of the respondent, a civil partner, an unrelated person who lived with the respondent in an intimate and committed relationship prior to the application for the barring order, or a parent of an adult respondent.

 

What does a barring order prohibit a respondent from doing?

Failing to leave the property, entering the property, using or threatening to use violence against, molesting or putting in fear, the applicant or a dependent person; attending at or in the vicinity of, or watching or besetting, a place where the applicant or a dependent person resides; following or communicating (including by electronic means) with the applicant or a dependent person.

 

How long can a barring order last?

A barring order can last for up to 3 years. A further barring order can be made for an additional period of up to 3 years.

NOTE AS THIS IS ONLY A BILL ANY LEGISLATIVE CHANGES ARE NOT YET IN FORCE

Interim Barring Order

 

Who can apply for an interim barring order?

Any person who is eligible to apply for a barring order.

 

When is an application for an interim barring order made?

The application for an interim barring order is made during the period after an application for a barring order has been made and before the application for the barring order has been determined. An interim barring order will only be made if the court is satisfied that there is an immediate risk of significant harm to the applicant or a dependent person and the making of a protection order would not be sufficient to protect the applicant or a dependent person.

 

Does the applicant for an interim barring order need a legal or beneficial interest in the property?

If the applicant is not a spouse or civil partner then they must have an equal or greater beneficial interest in the property than the respondent.

 

What does an interim barring order prohibit a respondent from doing?

Failing to leave the property, entering the property, using or threatening to use violence against, molesting or putting in fear, the applicant or a dependent person; attending at or in the vicinity of, or watching or besetting, a place where the applicant or a dependent person resides; following or communicating (including by electronic means) with the applicant or a dependent person.

 

How long can an interim barring order last?

If an interim barring order is made ex parte it may only last for a period not exceeding 8 working days unless it is subsequently confirmed as an interim barring order. An interim barring order will last until the court has determined the application for the barring order.

 

 NOTE AS THIS IS ONLY A BILL ANY LEGISLATIVE CHANGES ARE NOT YET IN FORCE

 

Emergency Barring Order

 

Who can apply for an emergency barring order?

An unrelated person who lived with the respondent in an intimate and committed relationship prior to the application for the order, or a parent of an adult respondent.

 

Does the applicant for an emergency barring order need a legal or beneficial interest in the property?

The applicant can apply even if they have a lesser legal or beneficial interest in the property than the respondent, or if they have no legal or beneficial interest in the property at all.

 

What does an emergency barring order prohibit a respondent from doing?

Failing to leave the property, entering the property, using or threatening to use violence against, molesting or putting in fear, the applicant or a dependent person; attending at or in the vicinity of, or watching or besetting a place where the applicant or a dependent person resides; following or communicating (including by electronic means) with the applicant or a dependent person.

How long can an emergency barring order last?

An emergency barring may only last for up to 8 working days. Once the period granted in the emergency barring order has expired, no further emergency barring order may be made until a period of one month has elapsed from the date of expiry of the previous emergency barring order, unless the court is satisfied that there are exceptional circumstances to do so.

 NOTE AS THIS IS ONLY A BILL ANY LEGISLATIVE CHANGES ARE NOT YET IN FORCE

 

Protection Order

 

Who can apply for a protection order?

Anyone who is eligible to apply for a safety order or barring order.

 

What does a protection order prohibit a respondent from doing?

Using or threatening to use violence against, molesting or putting in fear, the applicant or a dependent person; watching or besetting a place where the applicant or a dependent person resides; following or communicating (including by electronic means) with the applicant or a dependent person.

How long can a protection order last?

In the period after an application for a safety order or barring order has been made and before the application for the safety order or barring order has been determined.