a) Domestic violence refers to the use of physical or emotional force or threat of physical force, including sexual violence, in an intimate relationship. As well as physical violence, domestic violence can also involve:
- emotional abuse;
- the destruction of property;
- controlling behaviour;
- threats to others including children;
- stalking; and
- control over access to money, personal items, food, transportation and communication.[32]
- No statutory definition, although this arguably falls within the definition of harassment under the Non-Fatal Offences Against the Person Act 1997 (see below).
- The Domestic Violence (No Contact Order) (Amendment) Bill 2019[32] proposed the introduction of a no-contact order for harassment and stalking. The bill lapsed in January 2020.
a) Harassment is defined under section 10 of the Non-Fatal Offences Against the Person Act 1997.[35]
- Any person who, without lawful authority or reasonable excuse, by any means, including by use of telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, is guilty of an offense.
- A person harasses another where:
- he or she, by his or her acts intentionally or recklessly, seriously interferes with the other's peace and privacy or causes alarm, distress or harm to the other
- his or her acts are such that a reasonable person would realize that the acts would seriously interfere with the other's peace and privacy or cause alarm, distress or harm to the other
Irish law defines a victim of crime as anyone who has suffered physical, mental or emotional harm or economic loss that was directly caused by a criminal offense.[37]
a) There does not appear to be a statutory definition of "abuser." However, the Irish police service states:
Domestic abuse is the physical, sexual, financial, emotional or psychological abuse of one person against another who is a family member or is or has been an intimate partner, regardless of gender and sexuality.[38]
b) It can therefore be inferred that an abuser is someone — regardless of gender and sexuality —who is the perpetrator of domestic abuse and who is:
- a family member
- a current or former intimate partner
(a) Safety orders[39]
(i) Safety orders prohibit a violent person (respondent) from committing further violence or threats of violence. The respondent is not obliged to leave the home. If the respondent does not live with the victim, the safety order prohibits them from watching or being near the applicant's home and following or communicating (including electronically) with them or a dependent person. A safety order can last up to five years.
(b) Protection orders[40]
(i) If there are reasonable grounds for believing that the safety of the applicant or a dependent person is at risk between the time of making an application for a safety or barring order and the court's determination, the court may grant a protection order. This prevents the respondent from:
(A) using or threatening to use violence
(B) watching or being near the applicant's home (if not cohabiting)
(C) following or communicating with the applicant (or dependent person)
A protection order is temporary and only effective until the court hearing for the application for a safety order (or barring order).
(c) Barring orders[41]
(i) A barring order requires the violent person to leave the home and prohibits the person from entering the home. The order also prohibits the person from further violence or threats of violence, watching or being near the applicant's home, or following or communicating (including electronically) with the applicant or a dependent person. A barring order can last up to three years.
(d) Interim barring orders[42]
(i) An interim barring order is an immediate order that requires the violent person to leave the home where there is immediate risk of significant harm to the applicant or a dependent person in situations where a protection order would not be sufficient protection.
(ii) Interim barring orders will be made if, between the time of making an application for a barring order and the court's determination, there are reasonable grounds for believing the safety and welfare of the applicant or a dependent person is at risk.
(e) Emergency barring orders[43]
The Domestic Violence Act 2018 provides for a new order called an emergency barring order. An emergency barring order requires the violent person to leave the home, and prohibits the person from entering the home. This is an immediate order where there is reasonable grounds to believe there is an immediate risk of significant harm to the applicant or a dependent person.
a) Marital rape is not defined separately from rape under Irish law.
b) Marital rape only became a crime under section 5 of the Criminal Law (Rape) (Amendment) Act 1990, which abolished "any rule of law by virtue of which a husband cannot be guilty of the rape of his wife."[44]
c) Rape is defined as "a sexual assault that includes (a) penetration (however slight) of the anus or mouth by the penis, or (b) penetration (however slight) of the vagina by any object held or manipulated by another person."[45]
Forced marriage
The Domestic Violence Act 2018 criminalizes the act of forcing someone to enter into a ceremony of marriage,[46] or removing a person from the island for such purposes.[47]
Coercive control
This is defined as a pattern of intimidation, humiliation and controlling behavior that causes fear of violence or serious distress that has a substantial impact on the victim's day-to-day activities.[48]