This section explores the protection available in Ireland for victims of domestic violence.

The Domestic Violence Act (DVA) 2018 came into effect on 1 January 2019 and consolidated much of Ireland's existing law on domestic violence and victim protection into one act. Under the DVA, the main forms of protection available are temporary civil protection orders and long-term civil protection orders ("Civil Order(s)"). Broadly, these act to prevent abusers from inflicting, or threatening, violence on victims of domestic violence.

Note that for the purposes of this section any person (including victims of domestic violence) who applies for or benefits from a Civil Order is an applicant (or a dependent person), and any person responding to a request for, or subject to the terms of, a Civil Order (including perpetrators of domestic violence) is a respondent.

Civil protection orders

Civil Orders are a vital tool in preventing and halting ongoing domestic violence. They offer the chance for victims and their children to be legally protected from fear, intimidation, and violence in their homes and elsewhere.^[50]

There are two types of long-term Civil Orders available to victims of domestic violence, safety orders and barring orders. In addition, there are three types of short-term Civil Orders: protection orders, interim barring orders and emergency barring orders. An application must be made to the court in order to benefit from any of these protective orders.

According to data collected up to 2017, the majority of Civil Orders sought in Ireland were from spouse or civil partner applicants, with the next highest category being applications by parents against abusive children.^[51]

The statistics show that applications for a temporary orders are much more likely to be granted than applications for barring orders or safety orders, which is perhaps to be expected as they are for much shorter periods, the applications can be heard ex parte and have less onerous evidential requirements.^[52] Nonetheless, research from 2019 indicates that a large part of the reason that low proportions of barring orders and safety orders were being granted was due to breakdowns in the legal process, for example, where no representation or legal aid had been obtained and the courts adjourned cases, or where the applicant chose not to proceed with the application.^[53] As such, a major issue to consider with domestic violence cases is the risk of intimidation or battered woman syndrome among applicants, which can affect their ability to proceed with court cases.^[54]

The DVA 2018 brought in changes to extend the scope of who can apply for Civil Orders; in particular, it is now possible for noncohabiting partners to obtain a safety order against someone they have been in an intimate relationship with.^[55] However, as the data for Civil Orders only goes up to 2017, it isn't possible to measure how effective these changes have been in offering broader protection to victims of domestic violence.

Safety order

1. The court can issue a safety order if it considers it necessary for the protection of the safety and/or welfare of the applicant or a dependent person.^[56]
2. A safety order prohibits the respondent from engaging in violence or threats of violence with respect to the applicant (or a dependent of the applicant). Note that if the applicant and respondent cohabit, a safety order cannot compel the respondent to leave the shared home. If there is no cohabitation, a safety order prohibits the respondent from watching or being near the applicant's home, and from following or communicating (including electronically) with them or a dependent.^[57]
3. A safety order can last up to five years or for any shorter period as determined by the court.^[58] The court can also issue another safety order to take effect immediately upon the expiry of the prior safety order, therefore extending the protection without interruption.^[59]

Barring order

1. Unlike a safety order, a barring order can require the respondent to leave the family home and stay away from the family home of the applicant and/or dependent children. The court, at its discretion, may also include terms prohibiting the respondent from using or threatening to use violence, and from coming within the vicinity of, or communicating with, the applicant or a dependent person.^[60]
2. In order to obtain a barring order where the applicant is not the spouse or civil partner of the respondent, the applicant must have legal or beneficial interest in the relevant property equal to or more than the interest held by the respondent.^[61] An applicant can submit a statement confirming their belief that they have an interest in the relevant place that is not less than that of the respondent as evidence in proceedings to obtain the barring order.^[62] The decision on whether the applicant has sufficient interest in the home lies with the court, and therefore submission of evidence of this nature by the applicant can be helpful in obtaining the order.
3. A barring order can be made for up to three years or for any shorter period as determined by the court.^[63] The court can also issue another barring order to take effect immediately upon the expiry of the prior barring order, therefore extending the protection without interruption.^[64]

Once a summons to court has been issued following an application for a barring order or a safety order, the applicant can then apply for a protection order or an interim barring order.^[65] These act as interim measures to ensure the safety of the applicant and any dependents in the period until the court makes its decision regarding the granting of any long-term Civil Order.

Protection order

1. Protection orders are temporary safety orders and are an interim measure available to provide protection for the applicant between the application for a safety order or a barring order and the court's decision on that application. They are temporary and only effective until the court decides on the application for a safety order or barring order. As with a safety order, a protection order cannot compel the respondent to leave the family home if they are cohabiting with the applicant.
2. The court may grant a protection order if there are reasonable grounds for believing that the safety and welfare of the applicant, or a dependent of the applicant, is at risk. A protection order will prohibit the respondent from:

1. using, or threatening to use, violence
2. watching or being near the applicants home if the applicant and respondent do not cohabit
3. following or making contact with the applicant or their dependent

Interim barring order

1. Interim barring orders are an alternative and more onerous temporary measure to a protection order, the key difference being that an interim barring order can force a respondent to leave, and or refrain from entering, the applicant's residence.^[66] The court will grant an interim barring order if they reasonably believe there is an immediate risk of significant harm to the applicant or a dependent person if the order is not made immediately, and only if a protection order would not provide sufficient protection.^[67]
2. As with a barring order, an applicant must have sufficient beneficial or legal interest in the residence otherwise a court cannot grant the order; in essence that is not less than the rights of the respondent.^[68] (Please refer to the section on barring orders above for further details of the conditions.)
3. At the discretion of the court, an interim barring order can also provide the same protections as a protection order, preventing the respondent from using or threatening to use violence or intimidation against the respondent, and from making contact with, or coming within the vicinity of, the respondent or a dependent.^[69]
4. An interim barring order lasts from the period of the application for a barring order and ceases to have effect on the court's decision regarding the barring order. Practically, an interim barring order will last for a maximum of eight days, ending with a court hearing.

Emergency barring order

1. An emergency barring order is a temporary order similar to an interim barring order that can exclude an abuser from the home.^[70] The order may also prohibit the person from further violence or threats of violence, watching or being near the applicants home, or following or communicating (including electronically) with the applicant or a dependent.^[71] Such an order may be granted by the court only if there is immediate risk of significant harm to the applicant or a dependent if the order is not made immediately.^[72]
2. Unlike an interim barring order, the applicant does not have to satisfy the property test to be able to get an emergency barring order. In fact, applicants must have rights to the shared home that are less than those of the respondent. This means that spouses or civil partners may not apply for an emergency barring order, only for an interim barring order.^[73] (See the table below for further details of who can apply for an emergency barring order.)
3. An emergency barring order can last for a maximum of eight days, and a new emergency barring order may not be made by the court until a month after the first one expires, unless there are "exceptional" circumstances that justify the making of a second order in that time.^[74]

Please refer to section 4.1.1.

Please refer to section 4.1.1.

Please refer to section 4.1.1.

Please refer to section 4.1.1.

Please refer to section 4.1.1.

Please refer to section 4.1.1.

N/A

Who can apply?

It is important for a victim of domestic violence to correctly define their relationship with the abuser in order to understand for which orders they are capable of applying. Under Ireland's old domestic violence legislation, an applicant was required to have been cohabiting with the respondent in order to obtain Civil Orders against them, including safety orders. However, from 1 January 2019, people in an intimate noncohabiting relationship are eligible for safety orders and protection orders, meaning that help is available to a much broader group of people.

The following table summarizes the orders available to victims, based on their relationship to theirabuser:^[75]

The Child and Family Agency ("Agency") in Ireland can apply for an order on behalf of a person (or their dependents, for example, their children).^[76] They can make such an application in respect of a safety order, a barring order or an emergency order on behalf of a victim where they are made aware of or have reason to believe there is violence, risk to welfare or a number of other factors present suggesting the victim requires protection.^[77] In considering an application made by the Agency, the court will consider the wishes of the victim (including, if appropriate a child victim).^[78]

How to apply

Applications for Civil Orders under the DVA are ordinarily made to the district court and can be made by the applicant or through a solicitor.^[79] It is key that victims of domestic violence are aware of whether they are entitled to legal aid, details of which are freely available on the Irish court website (see the section below for further details).^[80]

Applicants are required to contact their local district court office (list can be found here) and the court staff will identify the relevant forms to be completed and these must be lodged in the district court. Once lodged, the court staff will also arrange a date for a court hearing and provide the applicant with a summons for the court hearing at the same time.^[81] The summons will also then be sent to the respondent to allow them to attend court on the day of the hearing. The applicant must also attend court on the specified day in order to make their application.^[82]

Applications for emergency orders, protection orders and interim barring orders can be made immediately following the application for another type of order (or anytime thereafter up to the point of the court hearing). An application form must be completed and submitted to the court, containing details of the domestic violence or other abuse and why the emergency protection is required:

1. application for a protection order: court form (protection order)
2.  application for an interim barring order: court form (interim barring order)
3.  application for an emergency order: court form (emergency order)

The three types of temporary orders can all be heard ex parte, meaning that the respondent will not be made aware that the application is being made at that stage and does not need to be present at the hearing.^[83] If an ex parte application is made, additional procedural formalities are required. The applicant must make the judge aware of the reasons for the requested temporary order and why the respondent should not be informed of the application, in order to demonstrate the risk of immediate harm. Evidence is submitted by way of a sworn statement from the applicant in front of the judge, and a note of the evidence must be prepared at the direction of the court judge and a copy provided to the respondent as soon as possible.^[84] If an emergency order or interim barring order is being sorted ex parte, the note must also state whether the home is also the violent person's workplace, or includes or is next to their workplace.^[85]

Note that in emergency situations, where no district court is sitting or it is out of hours, a member of AGS can ask the courts service to make special arrangements for a judge to hear an application for an emergency order, or call a sitting of the district court to hear applications for a protection order or an interim barring order.^[86]

Legal aid

Legal aid can be available for some civil matters, such as applications for Civil Orders.^[87] If granted, legal aid can help victims if they cannot afford to pay for a private solicitor to represent and advise them in respect of applications and proceedings for Civil Orders. The aid can extend to legal advice and representation in court.^[88] The rules for civil and criminal legal aid differ; therefore, applicants should be aware that if their issue relates to the potential breach of a Civil Order, which can constitute a criminal offense, consideration should be given and advice sought on the type of legal aid they require and to which they are entitled.

Civil legal aid is applied for and granted by the Legal Aid Board online or via paper form, and does not ordinarily require a court appearance by the applicant (unlike criminal legal aid).^[89]

To qualify for legal aid and advice:^[90]

1. The problem must be covered by civil legal aid, i.e., it isn't within an excluded class such as defamation, property disputes, etc.
2. The applicant will need to have income and assets before a certain limit, after certain deductions are taken into account. To get civil legal aid and advice an applicant will need to have an annual disposable income of less than EUR 18,000 and disposable assets of less than EUR 100,000.^[91] There is an online financial eligibility calculator available to help provide an indication of whether an applicant is likely to meet this criteria.^[92]
3.  Depending on the case, if the applicant wants civil legal aid, their case will need to satisfy a "merits test." The main purpose of the merits test is to see if a person paying for a lawyer out of their own money would be likely to pay for the case, and if a lawyer would advise a person to take a case, knowing that they would be paying for it themselves.

Legal aid does not cover the entire cost of legal services. An applicant is usually required to make a contribution when they first meet with the solicitor and further payment if the legal aid services agree to represent the applicant in any court proceedings. The amount of the contribution(s) will depend on the applicant's disposable income and assets. The first contribution is usually between EUR 30-150 and the minimum overall contribution if the applicant receives court representation is EUR 130 (note that this is inclusive of, and therefore reduced by, the initial contribution amount).^[93]

There are a small number of cases where there is no contribution and if an applicant is applying for legal aid to help with a claim for international protection in Ireland, they will only need to pay a contribution of EUR 10.^[94]

Conduct of court proceedings

Both the applicant and respondent will attend court on the day of the hearing for a safety order or a barring order. Evidence must be presented orally, including form any witnesses called by either the applicant or the respondent.^[95]

The process of applying for a Civil Order in Ireland has built-in measures to ensure the safety and comfort of the applicant. Victims of domestic violence or any person giving evidence in an application for an order may give their evidence via live television link if they are under 18 or in any other case where the court allows (using judiciary discretion where it seems appropriate for evidence to be given via video link).

In addition to a legal representative, victims can be accompanied in court by someone of their choosing to provide them with support during proceedings. Charities such as Women's Aid Ireland offer support for victims seeking Civil Orders, by providing a court accompaniment service where expert workers can attend court hearings in order to provide emotional support, to help clarify legal terminology and to keep the victim informed of their options and potential safety measures available to them.^[96]

Note that the right of accompaniment is subject to revocation at any stage by the court if they are of the view that the individual being present will not be in the interests of justice; however, the court must provide reasons for any such refusal.^[97]

The legislation aims to ensure that proceedings for hearing applications for the various types of protection orders are as accessible as possible, and not intimidating for the parties involved. The hearings are ordinarily not public (meaning they should only be open to the parties involved and their legal representatives), and judges, barristers, and solicitors involved in the proceedings are encouraged to make the hearings less formal by forgoing formal wigs or gowns.^[98]

If an order is made, this is written up and sent by the court office to the respondent.^[99] The court will also notify AGS by sending a copy of the order to the local station by post, but it is advisable for applicants to also call their local station and provide details and a copy of the order, to avoid any delays in notification.^[100]

Barring orders concerning protection of children

The DVA makes specific provision for the protection of children. For example, children can apply for barring orders provided an adult or the Agency applies on their behalf. ^[101] When a court is determining whether the Agency has sufficient evidence to apply for a Civil Order on behalf of a child, the evidential threshold for granting such an order is lowered if there is sufficient risk to the welfare of the child.^[102] Additionally, children can make their views known to the court where a safety or barring order is sought on behalf of, or will partly relate to, a child.^[103] The court can appoint an expert to assist the court to get the views of the child depending on the child's age and maturity (note that the views of a child will not ordinarily be sought for temporary order applications).^[104]

When giving evidence in an application for a domestic violence order, a child cannot be cross-examined in person by the respondent or the applicant and is usually permitted to give evidence via video link.^[105]

Domestic violence orders relating to children remain in force until the order expires even after they reach the age of 18. Previously they expired when the child turned 18 years old.^[106]

Where proceedings for a Civil Order are in progress (other than when the application has been brought by the Agency), the court has the power to adjourn the underlying proceedings in order for the Agency to investigate the circumstances and welfare of any dependent child involved in those proceedings.^[107] Following such an adjournment, the court has the power to make a care or supervision order for that dependent child, pending the outcome of the Agency's investigation, and whether this remains in place or not will be determined by the results of the investigation.^[108]

Please refer to section 4.2.1.

Please refer to section 4.2.1.

Please refer to section 4.2.1.

The court will have regard to all the facts and circumstances it deems relevant in determining whether an application for an order is granted.^[109] There is a wide scope for the courts to consider any and all evidence they feel is relevant to the application at hand. The legislation sets out a nonexhaustive list of what these relevant factors may be, including but not limited to:^[110]

1. any history of violence or fear-inducing actions by the respondent with respect to the applicant, animal cruelty, destruction or damage to the applicants possessions or residence
2. any previous orders made under the DVA (or prior iterations of domestic violence legislation), any history of criminal and/or violent convictions with respect to the respondent
3. the history of interactions between the applicant and the respondent, such as increasing levels of violence, recent separation, evidence of deterioration of mental or physical health of the applicant or a dependent person or economic dependency
4. substance abuse or access to weapons by the respondent, applicant, or dependent person

All costs incurred in proceedings for a Civil Order are decided at the discretion of the court.^[111] We were unable to determine whether victims can claim for loss of wages based on the information available.

Enforcement of protective orders and remedies

Members of AGS are responsible for responding to incidences of domestic violence and abuse. When a report is made to AGS, the domestic violence policy ("Policy") states that investigating the matter fully should include providing information on barring orders and other support that may be available to the victim.^[112] Furthermore, the Policy requires that it in recording details and evidence of the incident, members should establish whether there is an existing protective order in place covering the involved parties.^[113]

While protective orders are an essential tool in helping make victims of domestic abuse safe, the Policy is clear that where violence has been used, affirmative action by AGS should be the priority, with information on obtaining relevant orders being the second priority to the immediate safety of the victim.^[114]

It is a criminal offense to contravene the terms of any of the five Civil Orders, punishable by way of a fine and/or imprisonment for up to 12 months.^[115] If a victim of domestic violence (or someone on their behalf) makes a complaint to AGS regarding a person who is the subject of a Civil Order, AGS has the power to arrest that person without a warrant if they have reasonable cause to believe that they are in the process of, or have already, committed the offense of violating a Civil Order.^[116] The powers of arrest include the ability to gain entry by force into a place where they reasonably think the alleged offender is located.^[117]

Please refer to section 4.3.1.