Written answers

Wednesday, 16 June 2021

Department of Justice and Equality

Domestic Violence

Photo of Violet-Anne WynneViolet-Anne Wynne (Clare, Sinn Fein)
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224. To ask the Tánaiste and Minister for Justice and Equality if she will consider an alternative to the default decision to remove the victim from the home when resolving domestic violence situations; and if she will review the situation to allow for a choice-led model whereby the victim can choose whether to remain in the home and have the perpetrator relocated or be relocated themselves. [32374/21]

Photo of Hildegarde NaughtonHildegarde Naughton (Galway West, Fine Gael)
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As the Deputy may be aware, the Domestic Violence Act 2018 is the relevant legislation in Ireland, underpinning what the courts consider when deciding on an application for a domestic violence order.

I am not aware that there is any default position set out in the legislation that the victim has to leave the home when resolving domestic violence situations. The following information sets out the legal position in this area.

Section 7 of the Domestic Violence Act 2018 provides for the making of barring orders. The court may make a barring order to direct a respondent to either leave a place or to prevent them from entering a place where the applicant for the order or a dependant resides. Barring orders can remain in place for three years (or for a shorter period if the court so specifies). Before the expiration of that period another barring order can be made for a further period of up to three years.

Section 8 of the Act provides for the making of interim barring orders where there are reasonable grounds to believe that there is an immediate risk of significant harm to the applicant or a dependant, and the making of a protection order would not be sufficient to protect them. An application for an interim barring order is made during the period after an application for a barring order has been made and before the application for the barring order has been determined. The court can make an interim barring order to direct a respondent to either leave a place or to prevent them from entering a place where the applicant or a dependant resides. An interim barring order may be made ex parte, in which case it shall have effect for a period not exceeding eight working days. An interim barring order shall cease to have effect once the application for a barring order has been determined.

Section 9 of the Act provides for the making of emergency barring orders where there are reasonable grounds to believe that there is an immediate risk of significant harm to the applicant or a dependant. A person may apply for an emergency barring order where that person has lived in an intimate and committed relationship with the respondent without being their spouse or civil partner or where that person is the parent of an adult respondent. The applicant may apply for an emergency barring order if they have no legal or beneficial interest in the place or an interest which is less than the legal and beneficial interest of the respondent. The court can make an emergency barring order to direct a respondent to either leave a place or to prevent them from entering a place where the applicant or a dependant resides. An emergency barring order may be made ex parte and shall have effect for a period not exceeding eight working days.

I must emphasise that it is for the court, which is independent in the exercising of its functions, to decide in each case if the barring order should be granted.

I would also like to highlight that our laws in supporting victims of domestic and sexual crimes have been significantly strengthened in recent years, including by the introduction of the Criminal Law (Sexual Offences) Act 2017, the Criminal Justice (Victims of Crime) Act 2017 and the Domestic Violence Act 2018. I can assure the Deputy that my Department is continually examining our laws in this area in the context of their effectiveness and to identify if any changes are required.

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