Domestic violence: are you a victim?
According to The National Study of Domestic Abuse, a report carried out by the National Crime Council and the ESRI in 2005, one in every seven women have experienced severe abusive behaviour of a physical, sexual or emotional nature from a partner at some time in their lives.
The survey estimates that 213,000 women in Ireland have been severely abused by a partner, and reveals that domestic violence is a severe problem in Ireland today.
Below I will set out the legal remedy for victims of domestic violence, the various options available to victims as well as the different organisations that may be of help should you find yourself a victim of domestic violence.
What orders are available to victims of domestic violence?
In 1996 the Domestic Violence Act was passed. This is the main legislation that deals with domestic violence incidences in Ireland. Basically, there are two different orders for which you can apply at your local District Court that will provide protection. They include a barring order and a safety order.
- A barring order requires the violent person to leave the family home immediately. Furthermore, it prohibits the violent person from using or threatening to use violence against you and/or any dependent children. The court can direct the violent person not to attend, be in the vicinity of or watch the place where you and/or any dependents reside.
- A safety order, on the other hand, prohibits the violent person from further violence or threats of violence. It does not compel the violent person to leave the family home. If the violent person does not live with you, the safety order prohibits them from being in the vicinity of or watching your home.
Who can avail of protection through the courts?
You are eligible to apply for the above orders if you are a married couple, parents with a child in common, or civil partners, whether a cohabiting couple or same-sex cohabitants (the latter two are in certain limited circumstances).
Where do I apply for these orders?
If you live in the Dublin area and you wish to apply for a barring or safety order, you should go to the Dublin District Family Law Office at Dolphin House, Essex Street, Temple Bar, Dublin 2. If you live in any other part of Ireland, you should to go to your local District Court office, where the District Court Clerk will help you to fill out the relevant application forms.
Do I need a lawyer?
It is recommended that you get a lawyer even though you do not have to have one. It is worth attending your local Legal Aid office to enquire whether you qualify for legal aid. The Legal Aid Board is a Government body that provides legal representation for you if you are a person with little or no income. There is a means test that is carried out by the board to ascertain whether or not you qualify for aid.
What if I am at risk of imminent domestic violence?
If you are at risk of imminent violence by the respondent (the violent person) while you are waiting for a court hearing, the court may protect you with an interim order that lasts only until the date of the hearing.
What happens at full hearings?
At the full hearing, you and the respondent will be in court. You will give evidence and answer questions from the respondent’s legal representative if he or she has one. The respondent will be allowed to respond and he can be cross-examined by your legal representative if you have one. It is always advisable to have a lawyer at these hearings.
What if an order is breached?
If the violent person disobeys an order of the court, you should call your local Garda station immediately as this is an offence.
Are there other forms of legal protection?
Domestic violence is not always a family law matter; it could be a criminal matter as well. Technically speaking, an act of domestic violence is also an assault contrary to the Non-Fatal Offences Against the Person Act 1997. Therefore, you may also report domestic violence to gardaí who will investigate and prosecute where necessary.
If you are a victim of domestic violence, now is the time to act. Irish research by Fiona Bradley, reported in the British Medical Journal, found that 24 per cent of those who had experienced domestic violence reported experiencing one form of violence, 25 per cent two or three types of violence, 20 per cent four to seven types of violence and 31 per cent eight or more types. This research shows that those who inflict domestic violence will most likely continue to do so until you take action to stop them.
If you are affected in any way by the issues discussed in this article and would like advice, please contact Women’s Aid, Sonas, your local Citizens Information office or your solicitor.
Femi Daniyan is a barrister who practices in the areas of employment, immigration, professional negligence, probate, succession and family law amongst other areas. He is an advocate on human rights issues affecting minorities. He holds an MA in International Relations from Dublin City University.
