Domestic Violence Act 2018

1. The Domestic Violence Act 2018 greatly improved domestic violence legislation in Ireland. It consolidated existing law on domestic violence and provides for additional protections for victims.
2. Among other measures, it extends eligibility for certain orders, introduces the new emergency barring order, provides guidelines for the courts, provides for out of hours sittings of the courts for emergency applications and includes a number of measures to improve the applicant's experience of court process.
3. The Domestic Violence Act 2018 introduces two new criminal offenses: coercive control^[1] and forced marriage.^[2] It also provides for aggravating circumstances^[3] when certain offenses (such as assault, threats, harassment, false imprisonment and sexual assault offenses) are committed against a spouse, civil partner or person in an intimate relationship with the offender.

Relevant domestic legislation

Criminal Law (Sexual Offences) Act 2017^[4]

This act enhances and updates laws to combat the sexual exploitation and sexual abuse of children, including new offenses relating to child sexual grooming and new and strengthened offenses to tackle child pornography. This act also criminalizes the purchase of sexual services, introduces new provisions regarding the giving of evidence by victims in sexual offense trials and introduces a new offense addressing public indecency. Other provisions include maintaining the age of consent to sexual activity at 17 years of age and for a new "proximity of age" defense as well as a statutory statement of the law as regards consent to sexual acts.

Criminal Justice (Victims of Crime) Act 2017^[5]

1. This act transposes into Irish law the EU Victims of Crime Directive establishing minimum standards on the rights of victims of crime.^[6] It includes a number of supporting measures for victims when they report crimes and during investigation and criminal proceedings. It provides for individual assessment of victims to establish their protection needs and consequent measures. It also provides for special measures in court to ensure victim safety and mitigate secondary victimization.
   
   
2. The act introduces a number of statutory rights for victims of crime, including:

A. the right to comprehensive information on the criminal justice system

B. the right to information on victim support services

C. the right to be kept informed on the progress of the investigation and any court proceedings

D. the right to an individual assessment of their protection needs and measures to safeguard them from further victimization and intimidation

E. the right to be informed of a decision not to institute a prosecution and the right to request a review of that decision

F. the right to receive information in clear and concise language and to interpretation and translation where necessary

Non-Fatal Offences Against the Person Act 1997

Offenses under Sections 2 to 15 of the Non-Fatal Offences Against the Person Act 1997 are considered aggravating circumstances under the Domestic Violence Act 2018.^[7] This includes:

1. assaults^[8]
2. threats to kill or cause serious harm^[9]
3. attacks involving syringes or blood^[10]
4. coercion^[11]
5. harassment^[12]
6. demands for payment of debt causing alarm^[13]
7. poisoning^[14]
8. endangerment^[15]
9. endangering traffic^[16]
10. false imprisonment^[17]

Domestic violence policies

Second National Strategy on Domestic, Sexual and Gender-based Violence 2016-2021^[18]

1. This follows the first national strategy on domestic, sexual and gender-based violence, which ran from 2010 to 2014.
   
   
2. The overall aims of the strategy, in order to create a safer Ireland, are to:

A. change societal attitudes to support a reduction in domestic and sexual violence

B. improve supports available to victims and survivors

C. hold perpetrators to account

Women's Aid^[20] have listed the following as examples of good practice on victim support:

1. Some good practice examples of victim support are listed below:

1. The revised Garda Domestic Abuse Intervention Policy 2017 has been a positive development, bringing in an enhanced focus on victims' support and safety.
2. An important area where progress has been made is a cluster of positive actions completed or in progress by An Garda Síochána (AGS) of which the establishment of divisional protective services units and implementation of risk assessment are key measures. However adequate resourcing of the protective services units remains an issue.
3. The Domestic Abuse Coordination Team, a local initiative of the Ballymun Garda station, works very well, providing women with a consistent contact person and repeated check in, which greatly improves victim engagement and confidence.
4. The Dolphin House Family Law Court Support and Referral Service is a free and confidential drop-in service for women who are experiencing abuse in a relationship. This can include emotional, physical, sexual or financial abuse. This service has been recently replicated in Limerick District Court. It should be available in all court houses.
5. Victim Support at Court (V-SAC) provides valuable court accompaniment to victims of crime, their families and witnesses in the criminal courts. The organization does not currently cover all of the country but it plans to extend and become a national organization by 2021.