Domestic Violence: Law and Practice in Ireland

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