Protection Procedure

Power of the  Agency

The  Child  and  Family  Agency  may apply  for safety, barring  and  emergency barring  orders on behalf  of a  person (or a  dependant)  whose safety  or welfare it believes  to be at risk of violence  and who is being deterred  or prevented from making an application because of this risk of violence.

Where a court is dealing with an application under the domestic violence act in the courtmay  adjourn the  proceedings where  it appears that  it  may  be  appropriate  for a  care  order  or supervision order to be made  under the  Child  Care  Act .  The court  may direct  the Child and Family  Agency to undertake an investigation  into the dependent person’s  circumstances and may give directions in relation to the care and custody of the  dependant  while  the investigations  are  being  carried  out.

The Child and Family Agency is obliged to consider if it should apply for a care order or supervision order, provide service or assistance to the dependent  person’s family  or take any other type of action.  Where the  Agency undertakes an investigation  but decides  not to apply for a care  order or supervision order it  shall  explain  its  reasons to  the  court  and  provide  details  of any  service  or assistance provided or actions taken.

There is protection for a  spouse against the disposal of household effects  in the  period between  the  making  of an application  for a barring order or a safety order and the determination  of that  application.  If the order is made, it also covers the period while the order is in force.

The provision also extends protection to civil  partners against disposal of household effects.

Hearing  of Applications  Together

The court may hear domestic violence act applications  in tandem  with proceedings on other family law matters.  This includes proceedings under the Guardianship of Infants  Act , the Family Law (Maintenance  of Spouses and Children) Act , the Family Home Protection  Act, the Child Care  Act  and the Civil Partnership and Certain Rights and Obligations of Cohabitants Act

Safety orders, interim barring  orders, emergency  barring  orders, barring  orders and  protection orders  shall  take  effect  when  the  respondent  is  notified  of  the  making  of  the order. Oral communication  to the respondent together with production of the relevant order is sufficient notification.

The court  shall, on the  making, varying or discharging of a safety  order, barring order, interim  barring order, emergency barring order or protection order cause a copy of the order to be given or sent to the applicant,  the respondent, the Child and Family  Agency (if they made the application  for the order) and to  An Garda Síochána.

An appeal  from a  safety  order  or  barring  order  can  stay (suspend) the  operation  of  the  order  on  such terms (if any) imposed by the court.  An appeal  from a protection order, interim  barring order or an emergency  barring order will  not stay the operation of those orders.

Discharge of Orders

An application may be madeto court for the discharge of safety orders, barring orders, interim barring orders, emergency  barring  orders or protection  orders.  The  persons who may apply for discharge of the orders are the Child and Family  Agency (if they made  the application  for the order), the applicant  or the respondent.

The court may discharge the order if it is of the opinion that  the safety and welfare of the applicant  or dependant  does not require the order to continue  in  force.  The  court  may also discharge  the  order if  it  is determining proceedings relating  to the dissolution of marriage  or civil  partnership or proceedings under the Guardianship of Infants  Act.

Proceedings for orders under the domestic violence act may be heard in the District Court or the Circuit Court under the Act. Proceedings to be heard in private  and as informally  as possible. Judges in the District Court  and  the  Circuit  Family  Court  and  barristers  and  solicitors  appearing in the court proceedings may not wear wigs and gowns.

Evidence through television  link

Evidence may be given through live television  link by minors, unless the court sees good reason to the contrary, and by other persons  with the leave (consent)of the court.  The evidence can be either video recorded  or audio recorded.

Where  live  television  link facilities  are not available  in a particular  court, the court may order the transfer of the proceedings  to a circuit  or district  court district  where these facilities  are available.  This applies  to applications  for safety  orders, barring orders, interim  barring  orders, emergency  barring  orders and  protection orders.

Cross examination

Where an application is made to a court for any of the above orders a person under the age of 18 years is to give evidence, and the applicant or respondent proposes to cross-examine the person) personally,the court shall direct that the applicant or the respondent, as the case may be, may not personally cross-examine the witness unless the court is of the opinion that the interests of justice require the applicant or respondent to conduct the cross-examination personally.

Similarly where an application is made court for any of the above orders, the applicant, , the aggrieved person, a dependent person or the respondent to that application)is to give evidence, and

the applicant or respondent proposes to cross-examine the person referred to in paragraph (b) personally,the court may direct that the applicant or the respondent, as the case may be, may not personally cross-examine the witness unless the court is of the opinion that the interests of justice require the applicant or respondent to conduct the cross- examination personally.

Where an applicant or respondent, as the case may be, is prevented from cross-examining a witness in this case, the court shall—

invite the applicant or respondent to arrange for a legal representative to act for him or her for the purpose of cross-examining the witness, and

require the applicant or respondent to notify the court, by the end of such period as it may specify, as to whether a legal representative is to act for him or her for that purpose.

If by the end of the period the applicant or respondent has notified the court that no legal representative is to act for him or her for the purpose of cross-examining the witness or no notification has been received by the court and it appears to the court that no legal representative is to so act, the court shall consider whether it is necessary, in the interests of justice, for the witness to be cross-examined by a legal representative appointed to act for the applicant or respondent for that purpose.

If the court decides that it is necessary, in the interests of justice, for the witness to be cross-examined by a legal representative appointed to act for the applicant or respondent for that purpose, the court shall appoint a legal representative (chosen by the court) to cross-examine the witness on behalf of the applicant or respondent.

Requirement to give Reasons

Where an application is made to a court for any of the above orders the court shall give reasons for its decision—

• to grant or refuse the application,
• if applicable, to make the specified order subject to exceptions or conditions, and
• to vary the exceptions or conditions

Right  to  be Accompanied

An applicant may be accompanied in  court by a person (including  a support worker) of his or her choice.  This is in addition to being accompanied  by a legal representative  (if any).  The court may order that the applicant  may not be accompanied  to court by another person but, if it does so, it must give reasons for its decision.

Views of a child   The court may see the views of a child when an order is being sought on behalf of the child, depending on the child’s age and maturity. It applies to any proceedings under the domestic violence act  with the exception of applications  for interim  barring orders, emergency barring  orders or protection  orders.

The  court  may  also appoint  an expert to ascertain and convey the child’s views and that expert may be called  as a witness in the proceedings.  Regulations  may be made to in relation to such experts.  The court may specify which party, or parties, to the proceedings will pay the fees and expenses of the expert and the proportions which the parties will pay.

Taking Effect of Orders

The above orders shall take effect on notification of the making of the relevant order concerned being given to the respondent.

Oral communication to the respondent by or on behalf of the applicant of the fact that the order has been made, together with production of a copy of the relevant order, shall, without prejudice to the sufficiency of any other form of notification, be taken to be sufficient notification to the respondent of the making of the order.

If the respondent is present at a sitting of the court at which the relevant order is made, that respondent shall be taken to have been notified of its making.

A court may direct that a relevant order be served personally by a member of the Garda Síochána on a respondent who is not present at a sitting of the court at which the order is made in any case where there are reasonable grounds for believing that the respondent may evade service of the order, or there is any other good and sufficient reason to so direct.

Copies of Orders

The court, on making, varying or discharging a safety order or a protection order, shall cause a copy of the order in question to be given or sent as soon as practicable—

• to the applicant for the safety order or, in respect of a protection order, the applicant for the safety order or barring order concerned,
• to the respondent to the application for the safety order or, in respect of a protection order, the respondent to the application for the safety order or barring order concerned,
• where the Agency has made the application by virtue of section 11 for the safety order or, in respect of a protection order, for the safety order or barring order concerned, to the Agency,
• to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which the person, for whose benefit the safety order or protection order was made, resides, and
• where the order in question is a variation or discharge of a safety order or a protection order and the person for whose benefit the order was made had previously resided elsewhere, to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which that person had so resided but only if that member had previously been sent under this subsection a copy of that safety order, protection order, or any order relating thereto.

Effect of Appeal

An appeal from a safety order or a barring order shall, if the court that made the order or the court to which the appeal is brought so determines (but not otherwise), stay the operation of the order on such terms (if any) as may be imposed by the court making the determination.

An appeal from a protection order, an interim barring order or an emergency barring order shall not stay the operation of the order.

Information & Reccomentation

The Court Service is to provide applicants for safety orders, barring orders or emergency barring orders with information on, and contact  details  for, domestic  violence  support services.

The court  may, when granting  a  safety  order, barring order or emergency barring order, direct  a respondent to engage with  a  programme  or services  to  address issues relating  to  their  behaviour. The  court  may  take  account  of the  respondent’s engagement  with  such services when hearing proceedings for a variation  of, or an appeal from, a  safety  order, barring  order  or emergency  barring  order, or when hearing an application for a further order.

When considering the engagement  of the respondent with the programme  or service,  the court will have regard to the views of the applicant  in relation to the engagement  and the effect of the engagement on the respondent’s behaviour.

Costs

The costs of civil proceedings under the domestic violence act is at the discretion of the court.

Where a person is not residing at a place  by reason only of an interim barring order, an emergency barring order or a barring order, that person will not lose their rights under the Statutes of Limitations, the  Landlord  and  Tenant  Acts 1967 to  2008, the  Housing (Private  Rented Dwellings)  Acts 1982 and 1983 and the Residential  Tenancies Acts 2004 to 2015.  An interim  barring  order,  emergency  barring  order  or  barring  order will only suspend the respondent’s right to occupy the place  but will not affect  any estate  or interest  the  respondent  or any other  person has in that place.

Any person who contravenes a safety order, barring order, interim  barring order, emergency barring order or protection  order commits  an offence.  It is also an offence  to  refuse to permit an applicant  or dependant to enter in and remain in a place for which a barring order, emergency barring order or interim  barring order is in force.

In relation to such offences evidence may be given through television  link in accordance with the general legislation on giving such evidence.

Restrictions  on those Present

Entry into the courtroom  in  criminal  cases involving  breaches of safety  orders, barring  orders, interim  barring orders, emergency barring orders or protection  orders is limited to those directly  involved in  the  case  as  well  as  officers  of  the  court,  bona  fide  representatives  of  the press and others specified by the judge.

A person to be arrested without warrant where a member  of the Garda Siochána  has reasonable 5cause  to believe  that  an  offence is being,  or has been  committed under the legislation. This may follow from a complaint  from, or on behalf of, the applicant  for the order.

For the purposes of making an arrest, a member of the Garda Siochána  may  enter,  if  needs  be  by  force,  and  search  the  place  where  it  is suspected that the person may be.

Prohibition  on publication  or broadcast  of certain  matters

Where  proceedings  are  brought  for  an  offence  ,  it  is  an  offence  to  publish  or  broadcast  information,  photographs,  depictions or  representations  of  physical  likeness  which  would  lead  to  identification of the  applicant,  the  person charged or a dependant  of either  of them.  It is not an offence  to publish identifying details  where the  applicant consents to  being  identified  or  to  the  person  charged  being  identified  and  where the  court  agrees  to  that  identification  having  first  considered  the  effect  of identification  on  a  dependent  person.

The  judge  may  also,  in  the  interest  of justice,  direct  the  publication  or  broadcasting  of  information  in  a  specified manner and subject to conditions.

It is an offence to contravene the anonymity