Frances Black (Independent) | Oireachtas source

I move amendment No. 5:

In page 8, between lines 2 and 3, to insert the following:

“Statutory Guidelines

5. (1) For the purposes of sections 5, 6, 7, 8, 9# and 9 in deciding there are reasonable grounds for believing that the safety or welfare of an applicant or a dependent person so requires, the court shall have regard to—(a) any history of violence by the respondent against the applicant or any dependent;

(b) whether any violence by the respondent against the applicant or any dependent is

repetitive or escalating;

(c) the current status of the relationship between the applicant and the respondent, including any recent separation or intention to separate given the elevated risk of serious and/or lethal violence that is triggered by this action;(d) any circumstance of the respondent that may increase the risk of violence by the respondent against the applicant or any dependent, including substance abuse, employment or financial problems, mental health problems associated with a risk of violence, access to weapons, or a history of serious violence including lethal violence, against the applicant and/or others;

(e) the applicant’s perception of risks to his or her own safety and security;

(f) any circumstance that may increase the applicant’s vulnerability or any dependent’s vulnerability to violence from the respondent, including pregnancy, age, family circumstances, health or economic dependence;

(g) the accommodation needs of the applicant and any dependent(s);

(h) any evidence of deterioration in the physical, psychological or emotional welfare of the applicant or any dependent which in the opinion of the court, was caused directly by the behaviour of the respondent;(i) whether it is appropriate in the circumstances to make any order under sections 14 to 19; and

(j) any other matter which appears to the Court to be relevant to the safety and welfare of the applicant and any dependents.(2) For the purposes of sections 7(1)(a) and 8(3) in deciding there are reasonable grounds for believing that there is an immediate risk of significant harm to the applicant or a dependent person, the court shall also have particular regard to—(a) risk of serious harm caused directly or indirectly by any kind of violence by the respondent against the applicant or any dependent if the order is not made immediately;

(b) protection order history of the respondent with regard to the applicant, and/or others, as far as known;

(c) any criminal proceedings for violence against the respondent, in respect of the applicant and/or others, pending or concluded, as far as known; and

(d) any violence by the respondent against the applicant and/or any dependent, which is recent, repeated, and/or severe, including attempts at lethal violence against either the applicant or any dependent.(3) Whatever order is made or not made on the application, the reasons for making it or not making it and for making it subject to conditions, if any, should all be recorded by the Court and a copy of these reasons should be made available to each party with the minimum of delay.”.