Domestic Violence
If one person in a relationship is being threatened or abused by another, he or she can seek protection from the Court. Domestic violence is the physical, emotional, sexual or mental abuse of one person by another within a close, intimate or family relationship. Domestic violence can affect a diverse range of victims and perpetrators, including spouses, children, parents or partners. Our family law solicitors are dedicated to advising clients in a sensitive and discreet environment of the options available to them in the event that they find themselves the victim of domestic abuse. We will explain to our clients the difference between the various legal options which may be open to them, including a Safety Order, Protection Order, Interim Barring Order or a full Barring Order and the qualifying grounds for obtaining same. In the event that an application for any such emergency order arises, we ensure that the necessary court application is made as a matter of priority at the next available court sitting and aim for a 24 hour turnaround of such an application. We will also ensure that any client against whom such an Order is made is fully appraised of the consequences and penalties of breaching such an Order.
We also have extensive experience of advising clients in relation to domestic violence in the context of divorce and judicial separations and most recently in cases in the District Court issued under the Domestic Violence Act 2018 (the “2018 Act”). The 2018 Act has greatly strengthened domestic violence legislation in Ireland, most notably the requirement for the court to give reasons for its decision to grant or refuse an application brought under the Act. In addition the 2018 Act removed the requirement for a couple to be living together in an intimate relationship in order to qualify for a Safety Order. Under the 2018 Act the parties simply have to have been in an intimate relationship at the time of the application, with no reference to living together. Likewise, in relation to an application for a Barring Order, the requirement for a couple to have been living together six out of the previous nine months in an intimate relationship has been removed as one of the prerequisites to an application for a Barring Order and Interim Barring Order. It is now simply a requirement that the parties must have lived together in an intimate relationship prior to the application, with no reference to a minimum period.
The 2018 Act also provides for a new criminal offence of “coercive control”, which is knowingly and persistently engaging in behaviour that is controlling or coercive, that has a serious effect on a spouse or a person who is, or was in an intimate relationship with the alleged offender and that a reasonable person would consider likely to have a serious effect on a relevant person. The offence carries a penalty on summary conviction of a Class A fine or imprisonment for a term not exceeding 12 months or both, or imprisonment of up to 5 years on conviction of indictment.