Domestic Violence: Law and Practice in Ireland
Author: Keith Walsh, Sonya Dixon
Published: 29 Feb 2024
Format: Paperback
Edition: 1st
Extent: 424
ISBN: 9781526522399
Imprint: Bloomsbury Professional
Dimensions: 234 x 156 mm
Publisher: Bloomsbury Publishing
The only book to delve so extensively into the Domestic Violence Act 2018; this title provides an overview of the Act, with critical analysis of all measures and procedural developments, including new crimes of forced marriage and coercive control. It also explores the related criminal legislation concerning victims of crime and other criminal legislation dealing with related offences.
This is a must-have guide for solicitors, barristers, judges, social workers and domestic violence support groups seeking a practical and easily digestible explanation of recent case law and changes to this area of the law, such as the protections now available to victims of domestic violence including giving evidence by live television link.
This title is included in Bloomsbury Professional's Irish Child and Family Law online service.
Table of Contents
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
Author: Keith Walsh, Sonya Dixon
Published: 29 Feb 2024
Format: Paperback
Edition: 1st
Extent: 424
ISBN: 9781526522399
Imprint: Bloomsbury Professional
Dimensions: 234 x 156 mm
Publisher: Bloomsbury Publishing
The only book to delve so extensively into the Domestic Violence Act 2018; this title provides an overview of the Act, with critical analysis of all measures and procedural developments, including new crimes of forced marriage and coercive control. It also explores the related criminal legislation concerning victims of crime and other criminal legislation dealing with related offences.
This is a must-have guide for solicitors, barristers, judges, social workers and domestic violence support groups seeking a practical and easily digestible explanation of recent case law and changes to this area of the law, such as the protections now available to victims of domestic violence including giving evidence by live television link.
This title is included in Bloomsbury Professional's Irish Child and Family Law online service.
Table of Contents
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
Author: Keith Walsh, Sonya Dixon
Published: 29 Feb 2024
Format: Paperback
Edition: 1st
Extent: 424
ISBN: 9781526522399
Imprint: Bloomsbury Professional
Dimensions: 234 x 156 mm
Publisher: Bloomsbury Publishing
The only book to delve so extensively into the Domestic Violence Act 2018; this title provides an overview of the Act, with critical analysis of all measures and procedural developments, including new crimes of forced marriage and coercive control. It also explores the related criminal legislation concerning victims of crime and other criminal legislation dealing with related offences.
This is a must-have guide for solicitors, barristers, judges, social workers and domestic violence support groups seeking a practical and easily digestible explanation of recent case law and changes to this area of the law, such as the protections now available to victims of domestic violence including giving evidence by live television link.
This title is included in Bloomsbury Professional's Irish Child and Family Law online service.
Table of Contents
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