Domestic Violence: Law and Practice in Ireland: : Keith Walsh: Bloomsbury Professional

Description

The book provides a comprehensive overview of the Domestic Violence Act 2018 with analysis of all measures contained in the act and procedural developments including new crimes of forced marriage and coercive control. It takes account of recent case law and is supplemented by appendices containing key forms, precedents and legislation.

An invaluable practical guide written for solicitors, barristers and rights groups such as Women's Aid, Rape Crisis Centre, Rape Crisis Network, One Family, Children First and the Citizens Information Centres.

On 1 January 2019, the Domestic Violence Act 2018 came into force in Ireland. The Act improves the protections available to victims of domestic violence under both the civil and criminal law. The Act made some significant changes to the law including allowing victims to give evidence by live television link in civil and criminal cases for breaches of orders, giving protection against cross-examination of the applicant or respondent by the respondent or applicant where orders are being sought and providing for the granting of safety orders to those in intimate relationships but who are not cohabiting. These are just some of the sweeping changes to the law in the area of domestic violence and to date, there is no book in Ireland dedicated to this specific area.

Solicitors are reporting a rise in domestic violence since the pandemic. Women's Aid, a national front line support service for women affected by domestic abuse, reported that its Free Phone Help Line responded to 41% more calls since the start of the pandemic compared to the previous year. Safe Ireland, a national agency which works with domestic violence agencies, said that there was a sharp increase in the number of women and children seeking support from domestic violence services during the first six months of the Covid-19 pandemic.

The book is of practical use to those who work within the family court system including judges, solicitors, barristers, social workers and CAHMS teams in addition to women's groups who represent victims of domestic violence.
In producing this comprehensive book, the authors have drawn on their wealth of experience and their extensive professional backgrounds working in family law and rape cases.

Foreword
Preface
Introduction
Table of Cases
Part I -Structure of the Act and Domestic Violence applications
a. History to date – context of the 2018 Act which consolidated the law on Domestic Violence
b. Court proceedings

i. Primary reliefs available
a. Safety Order/Protection Order
(i) Who may apply
(ii) Grounds for granting order
(iii) Effect of order
(iv) Duration of order
(v) Who is entitled to apply to vary order
(vi) For ex parte orders – additional safeguards
Note: Case law and practice and procedure will be woven into above.
b. Barring Order / Interim Barring Order /
(i) Who may apply
(ii) Grounds for granting order
(iii) Effect of order
(iv) Duration of order
(v) Who is entitled to apply to vary order
(vi) For ex parte orders – additional safeguards
Note: Case law and practice and procedure will be woven into above.

c. Emergency Barring Order
(i) Who may apply
(ii) Grounds for granting order
(iii) Effect of order
(iv) Duration of order
(v) Who is entitled to apply to vary order?
(vii) For ex parte orders – additional safeguards
Note: Case law and practice and procedure will be woven into above.

ii. Secondary reliefs available
a. Care order or supervision orders under Child Care Act 1991
b. Permission to remove household chattels: [prohibition is a consequential element of application for and making of Safety/Barring order]
i. Section 9(2) of Family Home Protection Act 1976
ii. Section 34(2) of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
c. Determine any question affecting the welfare of an infant; section 11, Guardianship of Infants Act, 1964
d. Maintenance of Spouses and Children; s 5, 5A, 5B, 6, 7 or 21A of the Family Law (Maintenance of Spouses and Children) Act 1976
e. Protection of family home or chattels; s 5,9 Family Home Protection Act 1976
f. Orders pursuant to the Childcare Act 1991
g. Reliefs for civil partners - protection of shared home or chattels, maintenance for civil partner, s 30,34, 45 Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

iii. Mandatory guidelines for the court imposed by Domestic Violence Act 2018

a. Factors a court must take into account
b. Restriction on cross examination
c. Requirement to give reasons for certain decisions
d. In camera rule

iv. Post grant/refusal of relief

1. When does the Domestic Order take effect
2. Importance of service of Order [discussion of DPP v RK [2019] IECHC 852 and related cases]
3. Options after Court determination
a. Variation
b. Discharge
c. Appeal
d. Other – judicial review

v. Breach of Orders

vi. Practice & Procedure Court by Court
District
Circuit
High
a. Venue & jurisdiction
b. Initial applications – issue, service of documents
c. Hearing/evidence
d. Discharge/variation applications
e. Appeals
f. Overlap between District and Circuit Court jurisdictions

c. Vulnerable Witnesses in Domestic Violence Cases (include coercive and/or financial control), being the subject of violence or sexual abuse, forced marriage, learning disabilities, being a child, mental disorder, lack of fluency in the English language, illiteracy, hearing impairment)
Introduction
Participation
Identifying Vulnerability
Measures to be taken
Cross examination of a vulnerable witness / Protection against cross-examination by applicant or respondent
Cross Examination of the Alleged Victim
d. Commentary on Coercive control
i. Analysis of the first cases in this area.
ii. Likely future trends.

Part II-Annotated Statute Domestic Violence Act, 2018

Part III- Annotated District and Circuit Court Rules for Domestic Violence with precedent forms and pleadings