Written answers

Tuesday, 26 April 2016

Department of Justice and Equality

Domestic Violence Policy

Photo of Tommy BroughanTommy Broughan (Dublin Bay North, Independent)
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205. To ask the Minister for Justice and Equality the supports available to persons who have been victims of domestic violence but who were not co-habitating with or married to the perpetrator; and if she will make a statement on the matter. [8164/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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In addition to the range of support services provided by frontline service providers to persons who have experienced domestic violence there are legislative provisions 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 a range of offences which may occur in a domestic violence context including assault, assault causing harm, assault causing serious harm and coercion. The Act also provides for the offence of harassment. As part of the proceedings for 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.

In addition, the Civil Law (Miscellaneous Provisions) Act 2011 introduced important amendments to the Domestic Violence Act 1996 and 2002 to extend the powers of the Court to provide protections in certain cases of domestic violence. A parent can now apply for a safety order against the other parent of their child, even where the parents do not live together or may never have lived together. Also, couples who are not married or are not in a registered civil partnership are no longer required to have lived together for a period of time before one of them can obtain a safety order against the other. In conclusion, I would urge any person experiencing domestic violence to seek support and to report to An Garda Síochána.

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