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Ireland Domestic Violence Act 1996 Sample

In this sample, we will closely analyze The Domestic Violence Act 1996 and various other legal provisions. Domestic violence in Ireland was first recognized on the statutory books in the Family Law (Maintenance of Spouses and Children) Act 1976. It was the first civil remedy for domestic violence. This Act was for the safeguarding and welfare of children and families.

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There are many such Ireland relevant legislation about disability and vulnerability, which disclose different physical, emotional, and sexual abuse of vulnerable groups. Such abuse could not only take place outside but also within the domestic set up of their homes.

Other relevant Acts were passed for children’s and families’ welfare and protection. Some of them are:-

  • Children First Act 2015 is an Act that has provisions that raises awareness of child abuse and neglect. It improves the child safeguarding arrangements in the organization by providing services to children.

  • Child Care Act 1991 is legislation seeking to promote children who may not receive adequate care and protection. It promotes the welfare of children and prevents them from any form of abuse.

  • Children and Families Act 2014 is a Landmark and a wide-ranging Act designed to reform vulnerable children’s services by giving them protection f74ully. It pays special attention to those children who have additional needs. It helps the parents and family as a whole.

Aims of The Domestic Violence Act, 1996 (Ireland)

This piece of legislation was built over a period of 30 years. It has certain aims and objectives, and they are:-

  • To protect spouses and children and others in the domestic relationships whose safety and welfare is at risk in the relationship.
  • To increase the powers of the Gardai to arrest without warrant in certain situations.
  • To allow the court to hear other related applications, such as for maintenance, custody, and access, at the same time as the application for a barring order.

This legislation is based upon the protection offered by the Family Law (Maintenance of Spouses and children) Act 1976 to protect non-spouses such as cohabitants and family members.

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Law Reform Committee for domestic violence 

The Law Reform Commission prepares it by its function under the Law Reform Commission Act 1975. It keeps the law under review and to undertake revision and the consolidation of statute law.

The Law Reform Committee of the Law Society of Ireland was established in November 1997. It is to identify and focus upon areas of law that needs update and reform.

It aims to improve the quality, fairness, and effectiveness of Irish legislation in several selected areas. It seeks to represent the views of society members about several legislative initiatives. This enhances the societal contribution to the development of Irish Law.

The committee identified several priority areas for law reforms, including domestic violence—Department of Justice, Equality, and Law Reform involved in framing policy in this area.

The Committee has undertaken an examination of Irish legislation on domestic violence and operations in practice. The survey was being conducted with practical experience of legislation. The results of the survey have been incorporated into this report. It aims to focus attention on the shortcomings in the legislation. Explain the practical implications of these shortcomings and make recommendations for legislative amendments that would prevent injustice.

The report is submitted to the Department of Justice, Equality, and Law Reforms. It will be circulated to members, the judiciary, and voluntary bodies with an involvement in the area of domestic violence.

The Domestic Violence Remedies 

The Domestic Violence Act, 1996 has four legal remedies that are provided by the court in the form of orders, and they are:-

  • A Barring Order is an order which directs the respondent to leave the premises where the applicant lives. It prevents the entry of the respondent to the premises until the court orders. It ensures the safety and welfare of the applicant. This order is validated for up to 3 years. The four types of people who can apply for a barring order are- (1) A spouse, (2) Cohabitants who’ve lived together for 6 out of the previous 9 months, (3) A parent of an adult child who is a non-dependant and, (4) The health service executive on behalf of an entitled person.
  • Interim Barring Order is an order in which a court can cover the period of time between the commencement of the legal proceedings and the action’s hearing. The criteria to be applied by a court is whether the applicant is at immediate risk of harm, and the granting of a protection order would not be sufficient for the applicant’s protection.

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It can be applied for an ex parte basis but will be limited in duration to a maximum of 8 working days in the fair procedure’s interests.

  • Protection Order is an order that does not put the respondent out of the family home but orders him or her not to use violence, threats, molestation, or use violence against the applicant. A protection order will only last until the hearing of the barring or safety order proceedings. It is available to anyone who has commenced proceedings for safety or barring order.
  • Safety Order is similar to protection but does have a life of its own and can last up to 5 years.

There are two situations where the safety order is useful:-

  1. Where the applicant is trying to help the respondent deal with, for example, alcoholism but also wishes for protection from violence.
  2. Where spouses are separated in fact but have not yet applied for a divorce or a separation.

There must be a residency requirement for seeking domestic violence remedies. The parties must be married, co habiting couples who have lived together in the last 6 months, parent of an adult child or other categories of parties living together.

Parties who have a child together do not satify the above need cannot seek for a remedy. They merely have recourse to the criminal law and should report any violence or behaviour to Gardai.

2002 Amendments of The Domestic Violence Act, 1996 (Ireland) 

Section 17 of The Domestic Violence Act, 1996, makes it a crime to breach a barring, interim barring, safety, or protection order made under the Act. The court proceedings for breaches of such orders are held in public, which can discourage the victims’ co-operation.

It is proposed to change the law by providing a Criminal Justice Bill that breach proceedings are no longer held publicly. The legislative proposal has been approved by the Minister for Justice and Law Reform and government, and the proposed amendment has now progressed to the drafting process.

Further amendments to the Domestic Violence Act 1996 are included in the new Civil Law Bill, published on 30th August 2010. This bill would amend the 1996 Act to allow a person to apply for a safety order against a person with whom he had a child in common, even if the couple concerned never lived together.

Technical amendments will also ensure that opposite-sex and same-sex cohabiting couples have equal access to safety or leaving orders.

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The above sample is written to target the students of law and childcare development. Subjects like Law and its various legal provisions require proper extensive legal research and interpretation. Many students have average or poor research skills and knowledge. In such cases, they must consult a legal writer who can guide and complete assignments on time.

This sample highlights the need for various relevant Irish legislation to protect children, women, and other vulnerable members of a family from any form of sexual, physical, and mental abuse. It highlights the importance of The Domestic Violence Act 1996 and other relevant Acts related to child welfare, safety, eir development.

Students could get assistance for the completion of assignments based on such topics from our professional essay writers.

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