Ivana Bacik (Independent) | Oireachtas source

I move amendment No. 6:

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

“Factors to be considered by court in certain applications under this Part

5. (1) Where a court is deciding, on an application for an order under sections 6 to 10, whether there are reasonable grounds for believing that the safety or welfare of an applicant or a dependent person requires that an order be made, the court shall have regard to the following considerations:(a) any history of violence by the respondent against the applicant or a dependent person;

(b) whether any such violence is repetitive or escalating;

(c) whether any psychological violence by the respondent against the applicant constitutes, or is evidence of, a pattern of coercive and controlling behaviour directed at the applicant by the respondent;

(d) the current status of the relationship between the applicant and the respondent, including any recent separation or an intention to separate;

(e) any circumstance of the respondent that may increase the risk of violence by the respondent against the applicant or a dependent person, including substance abuse, threat of suicide, employment or financial problems, mental health problems associated with a risk of violence, access to weapons, or a history of serious violence against the applicant or others, including violence against family pets or other domestic animals;

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

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

(h) the accommodation needs of the applicant and any dependent person;

(i) any evidence of deterioration in the physical, psychological or emotional welfare of the applicant or any dependent person which, in the opinion of the court, was caused directly by the behaviour of the respondent;

(j) whether it is appropriate in the circumstances to make one or more orders specified in section 14(2), and

(k) any other matter which appears to the court to be relevant to the safety and welfare of the applicant and any dependent person.(2) Where an application to which subsection (1) relates is for an order under section 8 or 9, the court shall also have regard to the following considerations:(a) any immediate risk of significant harm being 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) whether any previous orders, under this Act or an Act repealed by this Act, have been made against the respondent;

(c) any criminal proceedings for violence against the respondent, in respect of the applicant or other persons and whether pending or concluded;

(d) any violence by the respondent against the applicant or any dependent children, which is recent, repeated or severe.(3) In this section—(a) “violence” includes physical, sexual or psychological violence;

(b) “psychological violence” includes intimidation, harassment, coercion of the applicant or a dependent person, or threats, including threats against other persons, pets or property made by the respondent to the applicant or a dependent person, unreasonable restrictions on, or prevention of, the applicant’s financial or personal autonomy, stalking or following the applicant or a dependent person, intentional damage to property and, in the case of a dependent child, direct or indirect exposure to violence by the respondent against the applicant;

(c) a single act by the respondent against the applicant or any dependent, may amount to the use of violence;

(d) a number of acts by the respondent against the applicant or a dependent person that form part of a pattern of behaviour may amount to psychological violence, even though some or all of those acts, when viewed in isolation, may appear to be minor or trivial.(4) On an application for an order under sections 6 to 10, the reasons for the decision of the court shall be recorded by it in writing and shall be communicated to the parties as soon as is reasonably practicable.”.

I am delighted the Minister of State has indicated he will accept the amendment.