Written answers

Tuesday, 3 February 2015

Department of Justice and Equality

Domestic Violence Policy

Photo of Tommy BroughanTommy Broughan (Dublin North East, Independent)
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382. To ask the Minister for Justice and Equality the safety orders available to persons who are being harassed, threatened or intimidated by persons known to them, for example a sibling suffering from mental health disorders or serious behavioural issues; and in view of recent tragic cases (details supplied) in County Cork; the measures being put in place to protect family members and loved ones who suffer in these dangerous situations. [4885/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I am of course aware of the tragic cases referred to by the Deputy. While the circumstances of particular cases will vary there are a range of legislative provisions, including provisions for a range of court orders, which may be applicable in the sorts of cases referred to by the Deputy.

These include provisions under the Non-Fatal Offences Against the Person Act 1997 which provides for offences of assault, harassment, coercion or threatening behaviour. Section 10(1) of the Act provides for the offence of harassment, including by means of the telephone, by persistently following, watching, pestering, besetting or communicating with another person. Where a person is convicted of such an offence the court may issue a restraining order requiring that the person shall not communicate by any means with the victim or shall not approach within a specific distance of the victim’s home or place of work. It is also an offence to breach such a restraining order.

Even where a person is acquitted of harassment a court can issue a restraining order if, having regard to the evidence, the court is satisfied that it is in the interests of justice to do so.

In addition, there is a related provision in section 101 of the Criminal Justice Act 2006 which allows a Court to make a restriction or movement order in respect of a person convicted of certain scheduled offences, including harassment.

There are also the incremental procedures provided under the Criminal Justice Act 2006. These provide for Garda warnings, good behaviour contracts and behaviour order in relations to children. With regard to adults they provide for warnings and the making of a civil order by the court.

The Domestic Violence Acts 1996 and 2002 (as amended) provide protections for a spouse, a civil partner (within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010) and a person living with another person in an intimate and committed relationship, as well as protections for a parent in relation to a non-dependent adult child who is living with them and a parent with a child in common with the other parent, regardless of whether the parents live with each other. In addition there is provision for protections in relation to an adult person living with another person.

In conclusion, I can advise the Deputy that work is currently being undertaken to draft proposals to reform and consolidate the Domestic Violence Acts with a view to enactment later this year.

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