{"id":20817,"date":"2022-11-27T16:03:48","date_gmt":"2022-11-27T16:03:48","guid":{"rendered":"https:\/\/legalblog.ie\/?p=20817"},"modified":"2024-03-11T23:07:27","modified_gmt":"2024-03-11T23:07:27","slug":"protection-procedure","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/protection-procedure\/","title":{"rendered":"Protection Procedure"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/protection-procedure\/#Power_of_the_Agency\" title=\"Power of the Agency\">Power of the Agency<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/protection-procedure\/#Hearing_of_Applications_Together\" title=\"Hearing of Applications Together\">Hearing of Applications Together<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/protection-procedure\/#Discharge_of_Orders\" title=\"Discharge of Orders\">Discharge of Orders<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/protection-procedure\/#Evidence_through_Television_Link\" title=\"Evidence through Television Link\">Evidence through Television Link<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/protection-procedure\/#Cross-Examination\" title=\"Cross-Examination\">Cross-Examination<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/protection-procedure\/#Requirement_to_Give_Reasons\" title=\"Requirement to Give Reasons\">Requirement to Give Reasons<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/protection-procedure\/#Right_to_be_Accompanied\" title=\"Right to be Accompanied\">Right to be Accompanied<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/protection-procedure\/#Views_of_a_Child\" title=\"Views of a Child\">Views of a Child<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/protection-procedure\/#Taking_Effect_of_Orders\" title=\"Taking Effect of Orders\">Taking Effect of Orders<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/protection-procedure\/#Copies_of_Orders\" title=\"Copies of Orders\">Copies of Orders<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/protection-procedure\/#Effect_of_Appeal\" title=\"Effect of Appeal\">Effect of Appeal<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/protection-procedure\/#Information_Reccomendation\" title=\"Information &amp; Reccomendation\">Information &amp; Reccomendation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/protection-procedure\/#Costs\" title=\"Costs\">Costs<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/protection-procedure\/#Offences\" title=\"Offences\">Offences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/protection-procedure\/#Restrictions_on_those_Present\" title=\"Restrictions on those Present\">Restrictions on those Present<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/protection-procedure\/#Prohibition_on_Publication_or_Broadcast_of_Certain_Matters\" title=\"Prohibition on Publication or Broadcast of Certain Matters\">Prohibition on Publication or Broadcast of Certain Matters<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#DOMESTIC_VIOLENCE_ACT_2018\" title=\"DOMESTIC VIOLENCE ACT 2018\">DOMESTIC VIOLENCE ACT 2018<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Power_of_the_Agency_to_apply_for_certain_orders\" title=\"Power of the Agency to apply for certain orders\">Power of the Agency to apply for certain orders<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Power_to_make_care_order_or_supervision_order_under_Child_Care_Act_1991\" title=\"Power to make care order or supervision order under Child Care Act 1991\">Power to make care order or supervision order under Child Care Act 1991<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Application_of_section_92_of_Family_Home_Protection_Act_1976\" title=\"Application of section 9(2) of Family Home Protection Act 1976\">Application of section 9(2) of Family Home Protection Act 1976<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Civil_Partnership_and_Certain_Rights_and_Obligations_of_Cohabitants_Act_2010\" title=\"Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010\">Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Hearing_of_applications_under_Acts_together\" title=\"Hearing of applications under Acts together\">Hearing of applications under Acts together<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Protection_against_cross-examination_by_applicant_or_respondent\" title=\"Protection against cross-examination by applicant or respondent\">Protection against cross-examination by applicant or respondent<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Requirement_to_give_reasons_for_certain_decisions\" title=\"Requirement to give reasons for certain decisions\">Requirement to give reasons for certain decisions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Taking_effect_of_orders\" title=\"Taking effect of orders\">Taking effect of orders<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Copies_of_orders_to_be_given_to_certain_persons\" title=\"Copies of orders to be given to certain persons\">Copies of orders to be given to certain persons<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Effect_of_appeal_from_order\" title=\"Effect of appeal from order\">Effect of appeal from order<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Discharge_of_orders\" title=\"Discharge of orders\">Discharge of orders<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Exercise_of_jurisdiction_by_court_in_civil_proceedings\" title=\"Exercise of jurisdiction by court in civil proceedings\">Exercise of jurisdiction by court in civil proceedings<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Hearing_of_civil_proceedings\" title=\"Hearing of civil proceedings\">Hearing of civil proceedings<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Special_sitting_of_District_Court\" title=\"Special sitting of District Court\">Special sitting of District Court<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Evidence_through_television_link_for_civil_proceedings\" title=\"Evidence through television link for civil proceedings\">Evidence through television link for civil proceedings<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Right_to_be_accompanied_in_court_in_certain_circumstances\" title=\"Right to be accompanied in court in certain circumstances\">Right to be accompanied in court in certain circumstances<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Views_of_a_child_for_whom_an_order_is_sought\" title=\"Views of a child for whom an order is sought\">Views of a child for whom an order is sought<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Information_to_victims_of_domestic_violence_on_support_services\" title=\"Information to victims of domestic violence on support services\">Information to victims of domestic violence on support services<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Recommendation_for_engagement_by_respondent_with_certain_services\" title=\"Recommendation for engagement by respondent with certain services\">Recommendation for engagement by respondent with certain services<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Costs-2\" title=\"Costs\">Costs<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Rules_of_court_and_service_of_documents\" title=\"Rules of court and service of documents\">Rules of court and service of documents<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Orders_not_to_affect_rights_under_certain_enactments_or_estate_or_interest\" title=\"Orders not to affect rights under certain enactments or estate or interest\">Orders not to affect rights under certain enactments or estate or interest<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Offences-2\" title=\"Offences\">Offences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Restrictions_on_those_present_in_courtroom_in_proceedings_under_section_33\" title=\"Restrictions on those present in courtroom in proceedings under section 33\">Restrictions on those present in courtroom in proceedings under section 33<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Arrest_without_warrant\" title=\"Arrest without warrant\">Arrest without warrant<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-43\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Prohibition_on_publication_or_broadcast_of_certain_matters\" title=\"Prohibition on publication or broadcast of certain matters\">Prohibition on publication or broadcast of certain matters<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-44\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Penalties_for_offence_under_section_36\" title=\"Penalties for offence under section 36\">Penalties for offence under section 36<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-45\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Offence_of_forced_marriage\" title=\"Offence of forced marriage\">Offence of forced marriage<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-46\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Offence_of_coercive_control\" title=\"Offence of coercive control\">Offence of coercive control<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-47\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Relationship_between_defendant_and_victim_as_aggravating_factor_in_sentencing_for_certain_offences\" title=\"Relationship between defendant and victim as aggravating factor in sentencing for certain offences\">Relationship between defendant and victim as aggravating factor in sentencing for certain offences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-48\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Continuance_of_orders_made_under_Act_of_1996\" title=\"Continuance of orders made under Act of 1996\">Continuance of orders made under Act of 1996<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-49\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Continuation_of_proceedings\" title=\"Continuation of proceedings\">Continuation of proceedings<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-50\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Amendment_of_section_1_of_Criminal_Damage_Act_1991\" title=\"Amendment of section 1 of Criminal Damage Act 1991\">Amendment of section 1 of Criminal Damage Act 1991<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-51\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Amendment_of_section_12_of_Criminal_Evidence_Act_1992\" title=\"Amendment of section 12 of Criminal Evidence Act 1992\">Amendment of section 12 of Criminal Evidence Act 1992<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-52\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Amendment_of_Family_Law_Act_1995\" title=\"Amendment of Family Law Act 1995\">Amendment of Family Law Act 1995<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-53\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Amendment_of_section_28_of_Civil_Legal_Aid_Act_1995\" title=\"Amendment of section 28 of Civil Legal Aid Act 1995\">Amendment of section 28 of Civil Legal Aid Act 1995<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-54\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Amendment_of_Family_Law_Divorce_Act_1996\" title=\"Amendment of Family Law (Divorce) Act 1996\">Amendment of Family Law (Divorce) Act 1996<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-55\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Amendment_of_section_9_of_Mental_Health_Act_2001\" title=\"Amendment of section 9 of Mental Health Act 2001\">Amendment of section 9 of Mental Health Act 2001<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-56\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Amendment_of_section_2_of_Civil_Registration_Act_2004\" title=\"Amendment of section 2 of Civil Registration Act 2004\">Amendment of section 2 of Civil Registration Act 2004<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-57\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Amendment_of_section_39_of_Civil_Liability_and_Courts_Act_2004\" title=\"Amendment of section 39 of Civil Liability and Courts Act 2004\">Amendment of section 39 of Civil Liability and Courts Act 2004<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-58\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Amendment_of_Civil_Partnership_and_Certain_Rights_and_Obligations_of_Cohabitants_Act_2010\" title=\"Amendment of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010\">Amendment of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-59\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Amendment_of_section_61_of_Animal_Health_and_Welfare_Act_2013\" title=\"Amendment of section 61 of Animal Health and Welfare Act 2013\">Amendment of section 61 of Animal Health and Welfare Act 2013<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-60\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Amendment_of_section_2_of_Assisted_Decision-Making_Capacity_Act_2015\" title=\"Amendment of section 2 of Assisted Decision-Making (Capacity) Act 2015\">Amendment of section 2 of Assisted Decision-Making (Capacity) Act 2015<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-61\" href=\"https:\/\/legalblog.ie\/protection-procedure\/2\/#Amendment_of_section_3_of_Mediation_Act_2017\" title=\"Amendment of section 3 of Mediation Act 2017\">Amendment of section 3 of Mediation Act 2017<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Power_of_the_Agency\"><\/span>Power of the Agency<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Child and Family Agency may apply for safety, barring and emergency barring orders on behalf of a person (or a\u00a0 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.<\/p>\n<p>Where a court is dealing with an application under the Domestic Violence Act the court may 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&#8217;s circumstances and may give directions in relation to the care and custody of the dependant while the investigations are being carried out.<\/p>\n<p style=\"text-align: left;\">The Child and Family Agency is obliged to consider whether it should apply for a care order or supervision order, provide service or assistance to the dependent person\u2019s family or take any other type of action. Where the Agency undertakes an investigation but decides not to apply for a care or supervision order it shall explain its reasons to the court and provide details of any service or assistance provided or actions taken.<\/p>\n<p style=\"text-align: left;\">There is protection for a spouse against the disposal of household effects in the period between the making of an application for a barring or safety order and the determination of that application. If the order is made, it also covers the period during which the order is in force.<\/p>\n<p>The provision extends protection to civil partners against disposal of household effects.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Hearing_of_Applications_Together\"><\/span>Hearing of Applications Together<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>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 An Garda S\u00edoch\u00e1na.<\/p>\n<p>An appeal from a safety 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\u00a0 not stay the operation of those orders.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Discharge_of_Orders\"><\/span>Discharge of Orders<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An application may be made to court for the discharge of safety orders, barring orders, interim barring orders, emergency barring orders or protection orders. The persons who may apply for the discharge of an order are the Child and Family Agency (if they made the application for the order), the applicant or the respondent.<\/p>\n<p>The court may discharge the order if it is of the opinion that the safety and welfare of the applicant or dependant\u00a0 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 a marriage or civil partnership or proceedings under the Guardianship of Infants Act.<\/p>\n<p>Proceedings for orders under the Domestic Violence Act may be heard in the District Court or the Circuit Court. Proceedings are to be heard in private and as informally as possible. Judges in the District Court and the Circuit\u00a0 Family Court, as well as barristers and solicitors appearing in the court proceedings, may not wear wigs and gowns.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Evidence_through_Television_Link\"><\/span>Evidence through Television Link<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>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 where these facilities are available. This applies to applications for safety orders, barring orders, interim barring orders, emergency barring orders and protection orders.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Cross-Examination\"><\/span>Cross-Examination<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where an application is made to a court for any of the above orders and a person under the age of 18 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.<\/p>\n<p>Similarly, where the applicant, the aggrieved person, a dependent person or the respondent to the application is to give evidence, and the applicant or respondent proposes to cross-examine them 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 them to conduct the cross-examination personally.<\/p>\n<p>Where an applicant or respondent is prevented from cross-examining a witness in this case, the court shall:<\/p>\n<ul>\n<li>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<\/li>\n<li>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.<\/li>\n<\/ul>\n<p>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.<\/p>\n<p>If the court decides that this is necessary, it shall appoint a legal representative (chosen by the court) to cross-examine the witness on behalf of the applicant or respondent.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Requirement_to_Give_Reasons\"><\/span>Requirement to Give Reasons<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where an application is made to a court for any of the above orders the court shall give reasons for its decision to:<\/p>\n<ul>\n<li>grant or refuse the application;<\/li>\n<li>(if applicable) make the specified order subject to exceptions or conditions; and<\/li>\n<li>to vary the exceptions or conditions<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Right_to_be_Accompanied\"><\/span>Right to be Accompanied<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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 it must give reasons for this decision.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Views_of_a_Child\"><\/span>Views of a Child<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The court may ascertain the views of a child when an order is being sought on behalf of the child, depending on the child\u2019s age and maturity. This applies to any proceedings under the Domestic Violence Act with the exception of applications for interim barring orders, emergency barring orders or protection orders.<\/p>\n<p>The court may also appoint an expert to ascertain and convey the child\u2019s views. 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\/parties to the proceedings will pay the fees and expenses of the expert and the proportions that each will pay.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Taking_Effect_of_Orders\"><\/span>Taking Effect of Orders<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The above orders shall take effect on notification of the making of the relevant order concerned being given to the respondent.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>A court may direct that a relevant order be served personally by a member of An Garda S\u00edoch\u00e1na 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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Copies_of_Orders\"><\/span>Copies of Orders<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The court, on making, varying or discharging a safety or protection order, shall cause a copy of the order in question to be given or sent as soon as practicable to:<\/p>\n<ul>\n<li>the applicant for the safety order or, in respect of a protection order, the applicant for the safety order or barring order concerned;<\/li>\n<li>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;<\/li>\n<li>the Agency, where the Agency has made the application for the safety order or, in respect of a protection order, for the safety order or barring order concerned;<\/li>\n<li>the member of the Garda S\u00edoch\u00e1na in charge of the Garda S\u00edoch\u00e1na station for the area in which the person, for whose benefit the safety order or protection order was made, resides; and<\/li>\n<li>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, the member of the Garda S\u00edoch\u00e1na in charge of the Garda S\u00edoch\u00e1na station for the area in which that person had so resided but only if that member had previously been sent a copy of that safety order, protection order, or any order relating thereto.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Effect_of_Appeal\"><\/span>Effect of Appeal<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>An appeal from a protection order, an interim barring order or an emergency barring order shall not stay the operation of the order.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Information_Reccomendation\"><\/span>Information &amp; Reccomendation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>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\u00a0 respondent\u2019s engagement with such services when hearing proceedings for a variation of, or an appeal from, a safety\u00a0 order, barring order or emergency barring order, or when hearing an application for a further order.<\/p>\n<p>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\u2019s behaviour.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Costs\"><\/span>Costs<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The costs of civil proceedings under the Domestic Violence Act is at the discretion of the court.<\/p>\n<p>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\u2019s right to occupy the place but will not affect any estate or interest the respondent or any other person has in that place.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Offences\"><\/span>Offences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>In relation to such offences evidence may be given through television link in accordance with the general legislation on giving such evidence.<\/p>\n<p>A person may be arrested without warrant where a member of An Garda S\u00edoch\u00e1na has reasonable cause 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.<\/p>\n<p>For the purposes of making an arrest, a member of An Garda S\u00edoch\u00e1na may enter, if need be by force, and search the place where it is suspected that the person may be.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Restrictions_on_those_Present\"><\/span>Restrictions on those Present<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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\u00a0 officers of the court, bona fide representatives of the press and others specified by the judge.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Prohibition_on_Publication_or_Broadcast_of_Certain_Matters\"><\/span>Prohibition on Publication or Broadcast of Certain Matters<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where proceedings are brought for an offence, it is an offence to publish or broadcast information, photographs,\u00a0 depictions or representations of physical likeness which would lead to the 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 themselves or person charged being identified and where the court agrees to that identification, having first considered the effect of identification on a dependent person.<\/p>\n<p>The judge may also, in the interest of justice, direct the publication or broadcasting of information in a specified manner and subject to conditions.<\/p>\n<p>It is an offence to contravene the anonymity.<\/p>\n<p><!--nextpage--><\/p>\n<h2>DOMESTIC VIOLENCE ACT 2018<\/h2>\n<h4><\/h4>\n<h4>Power of the Agency to apply for certain orders<\/h4>\n<p>11. (1) Subject to subsections (2), (3) and (4), this section applies where the Agency\u2014<\/p>\n<p>(a) becomes aware of an alleged incident or series of incidents which in its opinion puts into doubt the safety or welfare of a person (in this section referred to as the \u201caggrieved person\u201d),<\/p>\n<p>(b) has reasonable cause to believe that the aggrieved person has been subjected to molestation, violence or threatened violence or otherwise put in fear of his or her safety or welfare,<\/p>\n<p>(c) is of the opinion that there are reasonable grounds for believing that, where appropriate in the circumstances, a person would be deterred or prevented as a consequence of molestation, violence or threatened violence by the respondent or fear of the respondent from pursuing an application for a safety order, a barring order or an emergency barring order on his or her own behalf or on behalf of a dependent person, and<\/p>\n<p>(d) considers, having ascertained as far as is reasonably practicable the wishes of the aggrieved person or, where the aggrieved person is a dependent person, of the person to whom paragraph (c) relates in respect of the dependent person, that it is appropriate in all the circumstances to apply for a safety order, a barring order or an emergency barring order in accordance with this Act on behalf of the aggrieved person.<\/p>\n<p>(2) The Agency may apply to the court on behalf of the aggrieved person for a safety order, a barring order or an emergency barring order for which the aggrieved person or, where the aggrieved person is a dependent person, the person to whom subsection (1)(c) relates in respect of that dependent person, could have applied.<\/p>\n<p>(3) Where an application is made by the Agency in accordance with this section, the court shall, in determining whether, and if so to what extent, to exercise any of its functions under section 6, 7, 8, 9, 10 or 21, have regard to any wishes expressed by\u2014<\/p>\n<p>(a) the aggrieved person, or<\/p>\n<p>(b) where the aggrieved person is a dependent person, the person to whom subsection (1)(c) relates in respect of the dependent person and, where the court considers it appropriate, the dependent person.<\/p>\n<p>(4) The provisions of paragraphs (a) and (b) of subsection (1) need not be complied with where an application relates to an aggrieved person who is a dependent person, or in respect of so much of an application as relates to an aggrieved person who is a dependent person, if the court is of the opinion that there is reasonable cause to believe that\u2014<\/p>\n<p>(a) the dependent person has been or is being assaulted, ill-treated, sexually abused or seriously neglected, or<\/p>\n<p>(b) the dependent person\u2019s health, development or welfare has been, is being or is likely to be avoidably impaired or seriously neglected,<\/p>\n<p>and that if the order is made the likelihood of harm to that dependent person will not arise or will be materially diminished.<\/p>\n<p>(5) The court shall not make a barring order, an interim barring order or an emergency barring order where the aggrieved person is a dependent person unless the Agency satisfies the court that the person to whom subsection (1)(c) relates in respect of that dependent person is willing and able to provide reasonable care for that dependent person.<\/p>\n<h4>Power to make care order or supervision order under Child Care Act 1991<\/h4>\n<p>12. (1) Where in proceedings for an order under this Act, other than proceedings to which section 11 relates, it appears to the court that it may be appropriate for a care order or a supervision order to be made with respect to a dependent person concerned in the proceedings, the court may, of its own motion or on the application of a person concerned, adjourn the proceedings and direct the Agency to undertake an investigation or, as the case may be, further investigations of that dependent person\u2019s circumstances.<\/p>\n<p>(2) Where proceedings are adjourned and the court gives a direction under subsection (1), the court may give such directions under the Act of 1991 as it sees fit as to the care and custody of, and may make a supervision order in respect of, the dependent person concerned pending the outcome of the investigation by the Agency.<\/p>\n<p>(3) Where the court gives a direction under subsection (1) in respect of a dependent person, the Agency shall undertake an investigation of the dependent person\u2019s circumstances and shall consider if it should\u2014<\/p>\n<p>(a) apply for a care order or a supervision order,<\/p>\n<p>(b) provide any service or assistance for that dependent person\u2019s family, or<\/p>\n<p>(c) take any other action in respect of that dependent person.<\/p>\n<p>(4) Where the Agency undertakes an investigation under this section and decides not to apply for a care order or supervision order with respect to the dependent person concerned, it shall inform the court of\u2014<\/p>\n<p>(a) its reasons for so deciding,<\/p>\n<p>(b) any service or assistance it has provided, or intends to provide, for that dependent person and his or her family, and<\/p>\n<p>(c) any other action which it has taken, or proposes to take, with respect to that dependent person.<\/p>\n<p>(5) In this section\u2014<\/p>\n<p>\u201ccare order\u201d means a care order under the Act of 1991;<\/p>\n<p>\u201csupervision order\u201d means a supervision order under the Act of 1991.<\/p>\n<h4>Application of section 9(2) of Family Home Protection Act 1976<\/h4>\n<p>13. (1) Where an application for a barring order or a safety order is made against the spouse of the applicant, subsection (2) of section 9 of the Act of 1976 shall apply\u2014<\/p>\n<p>(a) between the making of the application for the order and the determination of that application, and<\/p>\n<p>(b) if that order is made, while that order is in force,<\/p>\n<p>as it applies between the institution and final determination of matrimonial proceedings to which that section relates.<\/p>\n<p>(2) The court which is empowered under subsection (2)(b) of section 9 of the Act of 1976 to grant permission for a disposition or removal of household chattels within the meaning of that section is, notwithstanding anything in section 10 of that Act, the court before which the proceedings, including proceedings for a barring order or a safety order, have been instituted.<\/p>\n<h4>Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010<\/h4>\n<p>14. (1) Where an application for a barring order or a safety order is made against the civil partner of the applicant, subsection (2) of section 34 of the Act of 2010 shall apply\u2014<\/p>\n<p>(a) between the making of the application for the order and its determination, and<\/p>\n<p>(b) if that order is made, while that order is in force,<\/p>\n<p>as it applies between the institution and final determination of dissolution proceedings to which that section relates.<\/p>\n<p>(2) The court which is empowered under subsection (2)(b) of section 34 of the Act of 2010 to grant permission for a disposition or removal of household chattels within the meaning of that section is, notwithstanding anything in section 140 of that Act, the court before which the proceedings, including proceedings for a barring order or a safety order, have been instituted.<\/p>\n<h4>Hearing of applications under Acts together<\/h4>\n<p>15. (1) Where an application is made to the court for an order under this Act, the court may, on application to it in the same proceedings and without the institution of proceedings under one or more of the Acts referred to in subsection (2), if it appears to the court to be proper to do so, make one or more of the orders specified in that subsection.<\/p>\n<p>(2) The orders specified for the purposes of subsection (1) are orders made under\u2014<\/p>\n<p>(a) section 11 of the Act of 1964,<\/p>\n<p>(b) section 5, 5A, 5B, 6, 7 or 21A of the Family Law (Maintenance of Spouses and Children) Act 1976,<\/p>\n<p>(c) section 5 or 9 of the Act of 1976,<\/p>\n<p>(d) the Act of 1991, or<\/p>\n<p>(e) section 30, 34 or 45 of the Act of 2010.<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\nSubstituted by Criminal Justice (Miscellaneous Provisions) Act 2023 (24\/2023), s. 82(a)(i), (ii), not commenced as of date of revision.<\/p>\n<p>F2<br \/>\nInserted by Criminal Justice (Miscellaneous Provisions) Act 2023 (24\/2023), s. 82(a)(iii), not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C1<br \/>\nProspective affecting provision: subs. (2) amended by Criminal Justice (Miscellaneous Provisions) Act 2023 (24\/2023), s. 82(a)(i)-(iii), not commenced as of date of revision.<\/p>\n<p>(2) The orders specified for the purposes of subsection (1) are orders made under\u2014<\/p>\n<p>(a) section 11 of the Act of 1964,<\/p>\n<p>(b) section 5, 5A, 5B, 6, 7 or 21A of the Family Law (Maintenance of Spouses and Children) Act 1976,<\/p>\n<p>(c) section 5 or 9 of the Act of 1976,<\/p>\n<p>(d) the Act of F1[1991,]<\/p>\n<p>(e) section 30, 34 or 45 of the F1[Act of 2010, or]<\/p>\n<p>F2[(f) Part 5 of the Criminal Justice (Miscellaneous Provisions) Act 2023.]<\/p>\n<h4>Protection against cross-examination by applicant or respondent<\/h4>\n<p>16. (1) Where\u2014<\/p>\n<p>(a) an application is made to a court for a specified order,<\/p>\n<p>(b) a person under the age of 18 years is to give evidence, and<\/p>\n<p>(c) the applicant or respondent proposes to cross-examine the person referred to in paragraph (b) personally,<\/p>\n<p>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.<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(a) an application is made to a court for a specified order,<\/p>\n<p>(b) a person who has attained the age of 18 years (being the applicant for the specified order, an aggrieved person under section 11, a dependent person or the respondent to that application) is to give evidence, and<\/p>\n<p>(c) the applicant or respondent proposes to cross-examine the person referred to in paragraph (b) personally,<\/p>\n<p>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.<\/p>\n<p>(3) Where an applicant or respondent, as the case may be, is prevented from cross-examining a witness by virtue of subsection (1) or (2), the court shall\u2014<\/p>\n<p>(a) 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<\/p>\n<p>(b) 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.<\/p>\n<p>(4) If by the end of the period referred to in subsection (3)(b), 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.<\/p>\n<p>(5) If the court decides under subsection (4) 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.<\/p>\n<h4>Requirement to give reasons for certain decisions<\/h4>\n<p>17. Where an application is made to a court for a specified order, the court shall give reasons for its decision\u2014<\/p>\n<p>(a) to grant or refuse the application,<\/p>\n<p>(b) if applicable, to make the specified order subject to exceptions or conditions, and<\/p>\n<p>(c) to vary the exceptions or conditions referred to in paragraph (b).<\/p>\n<h4>Taking effect of orders<\/h4>\n<p>18. (1) A relevant order shall take effect on notification of the making of the relevant order concerned being given to the respondent.<\/p>\n<p>(2) Oral communication to the respondent by or on behalf of the applicant of the fact that a relevant 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.<\/p>\n<p>(3) If the respondent is present at a sitting of the court at which the relevant order is made, that respondent shall be taken for the purposes of subsection (1) to have been notified of its making.<\/p>\n<p>(4) A court may direct that a relevant order be served personally by a member of the Garda S\u00edoch\u00e1na on a respondent who is not present at a sitting of the court at which the order is made in any case where\u2014<\/p>\n<p>(a) there are reasonable grounds for believing that the respondent may evade service of the order, or<\/p>\n<p>(b) there is any other good and sufficient reason to so direct.<\/p>\n<p>(5) In this section, \u201crelevant order\u201d means\u2014<\/p>\n<p>(a) a safety order, barring order, interim barring order, emergency barring order or protection order, or<\/p>\n<p>(b) an order varying an order referred to in paragraph (a).<\/p>\n<h4>Copies of orders to be given to certain persons<\/h4>\n<p>19. (1) 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\u2014<\/p>\n<p>(a) to the applicant for the safety order or, in respect of a protection order, the applicant for the safety order or barring order concerned,<\/p>\n<p>(b) 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,<\/p>\n<p>(c) 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,<\/p>\n<p>(d) to the member of the Garda S\u00edoch\u00e1na in charge of the Garda S\u00edoch\u00e1na station for the area in which the person, for whose benefit the safety order or protection order was made, resides, and<\/p>\n<p>(e) 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 S\u00edoch\u00e1na in charge of the Garda S\u00edoch\u00e1na 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.<\/p>\n<p>(2) The court on making, varying or discharging a barring order or an interim barring order shall cause a copy of the order in question to be given or sent as soon as practicable\u2014<\/p>\n<p>(a) to the applicant for the barring order,<\/p>\n<p>(b) to the respondent to the application for the barring order,<\/p>\n<p>(c) where the Agency has made the application by virtue of section 11 for the barring order concerned, to the Agency,<\/p>\n<p>(d) to the member of the Garda S\u00edoch\u00e1na in charge of the Garda S\u00edoch\u00e1na station for the area in which the place, in relation to which the application for the barring order was made, is situated, and<\/p>\n<p>(e) where the order in question is a variation or discharge of a barring order or an interim barring order and the place in respect of which the previous order was made is elsewhere, to the member of the Garda S\u00edoch\u00e1na in charge of the Garda S\u00edoch\u00e1na station for the area in which that place is situated but only if that member had previously been sent a copy of the barring order or interim barring order that has been varied or discharged or any order relating thereto.<\/p>\n<p>(3) The court on making, varying or discharging an emergency barring order shall cause a copy of the order to be given or sent as soon as practicable\u2014<\/p>\n<p>(a) to the applicant for the emergency barring order,<\/p>\n<p>(b) to the respondent to the application for the emergency barring order,<\/p>\n<p>(c) where the Agency has made the application by virtue of section 11 for the emergency barring order concerned, to the Agency,<\/p>\n<p>(d) to the member of the Garda S\u00edoch\u00e1na in charge of the Garda S\u00edoch\u00e1na station for the area in which the place, in relation to which the application for the emergency barring order was made, is situated, and<\/p>\n<p>(e) where the order in question is a variation or discharge of an emergency barring order and the place in respect of which the previous order was made is elsewhere, to the member of the Garda S\u00edoch\u00e1na in charge of the Garda S\u00edoch\u00e1na station for the area in which that place is situated but only if that member had previously been sent a copy of the emergency barring order that has been varied or discharged or any order relating thereto.<\/p>\n<p>(4) The court on making, varying or discharging a safety order, a barring order, an interim barring order, an emergency barring order or a protection order on the application of, or on behalf of, a person who is not of full age, shall cause a copy of the order in question to be given or sent as soon as practicable to the Agency.<\/p>\n<p>(5) The validity of an order to which this section relates shall not be affected by non-compliance with subsections (1), (2), (3) or (4).<\/p>\n<h4>Effect of appeal from order<\/h4>\n<p>20. (1) 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.<\/p>\n<p>(2) An appeal from a protection order, an interim barring order or an emergency barring order shall not stay the operation of the order.<\/p>\n<h4>Discharge of orders<\/h4>\n<p>21. (1) Where a safety order, barring order, interim barring order, emergency barring order or protection order has been made, any of the following persons may apply to the court that made the order to have the order discharged:<\/p>\n<p>(a) where the application for the order was made by the Agency in respect of a dependent person by virtue of section 11 \u2014<\/p>\n<p>(i) the Agency,<\/p>\n<p>(ii) the person referred to in subsection (1)(c) of that section, or<\/p>\n<p>(iii) the respondent to that application;<\/p>\n<p>(b) where the application for the order was made by the Agency in respect of any other person (other than a dependent person referred to in paragraph (a)) by virtue of section 11 \u2014<\/p>\n<p>(i) the Agency,<\/p>\n<p>(ii) the applicant for that order, or<\/p>\n<p>(iii) the respondent to that application;<\/p>\n<p>(c) in any other case\u2014<\/p>\n<p>(i) the applicant for the order, or<\/p>\n<p>(ii) the respondent to the application for the order.<\/p>\n<p>(2) The court shall, on an application under subsection (1), discharge the order if it is of the opinion that the safety and welfare of the applicant or the dependent person for whose protection the order was made does not require that the order should continue in force.<\/p>\n<p>(3) A court may, if it thinks fit, discharge a safety order, barring order, interim barring order, emergency barring order or protection order where the court is determining, as between the applicant and the respondent\u2014<\/p>\n<p>(a) a matrimonial cause or matter,<\/p>\n<p>(b) annulment or dissolution proceedings under the Act of 2010, or<\/p>\n<p>(c) proceedings under the Act of 1964.<\/p>\n<p>(4) For the purposes of this section, an order made by a court on appeal from another court shall be treated as if it had been made by that other court.<\/p>\n<h4>Exercise of jurisdiction by court in civil proceedings<\/h4>\n<p>22. (1) The jurisdiction of the court in respect of civil proceedings under this Act may be exercised\u2014<\/p>\n<p>(a) as regards the Circuit Court, by the judge of the Circuit Court within whose circuit, and<\/p>\n<p>(b) as regards the District Court, by a judge of the District Court for the time being assigned to the district court district within which,<\/p>\n<p>the applicant resides or, if the application is for a barring order or an emergency barring order, the place, in relation to which that application was made, is situated.<\/p>\n<p>(2) For the purposes of subsection (1), a person concerned who would, but for the conduct of the respondent, be residing at a place may be treated by the court as residing at that place.<\/p>\n<h4>Hearing of civil proceedings<\/h4>\n<p>23. (1) Subject to section 40 of the Act of 2004 and section 26(1), civil proceedings under this Act shall be heard otherwise than in public.<\/p>\n<p>(2) Where under section 15 a court hears together applications under more than one Act, the court shall, in so far as is practicable, comply with the requirements relating to the hearing of applications under each of those Acts and the other relevant provisions of those Acts shall apply accordingly.<\/p>\n<p>(3) (a) Civil proceedings under this Act before the District Court shall be as informal as is practicable and consistent with the administration of justice.<\/p>\n<p>(b) District Court judges hearing and determining civil proceedings under this Act and barristers and solicitors appearing in those proceedings shall not wear wigs or gowns.<\/p>\n<p>(4) Civil proceedings under this Act before the Circuit Court shall be heard by the Circuit Family Court and accordingly, section 32 and subsections (1) and (2) of section 33 of the Act of 1989 shall apply to those proceedings.<\/p>\n<p>(5) The proceedings to which subsections (3) and (4) of section 33 of the Act of 1989 apply shall be deemed to include proceedings under this Act.<\/p>\n<p>(6) In this section, \u201cAct of 1989\u201d means the Judicial Separation and Family Law Reform Act 1989.<\/p>\n<h4>Special sitting of District Court<\/h4>\n<p>24. (1) A member of the Garda S\u00edoch\u00e1na not below the rank of sergeant may request the Courts Service to arrange a special sitting of the District Court for the purposes specified in subsection (2) \u2014<\/p>\n<p>(a) where a person has informed the member that he or she wishes to make an application referred to in paragraph (a) of that subsection, and<\/p>\n<p>(b) at the time the person so informs the member, there is no District Court sitting in the district court district in which that person would make such an application if that court was sitting.<\/p>\n<p>(2) The purposes referred to in subsection (1) are\u2014<\/p>\n<p>(a) to facilitate the making and determination of an application for an interim barring order, an emergency barring order or a protection order, and<\/p>\n<p>(b) where necessary for the purposes of an application referred to in paragraph (a), to facilitate the making of an application for a safety order or a barring order.<\/p>\n<p>(3) The Courts Service may, with the consent of a judge of the District Court exercising jurisdiction in accordance with section 22, arrange such special sittings of the District Court in the district court district referred to in subsection (1)(b) as may be necessary for the purposes specified in subsection (2).<\/p>\n<p>(4) In this section, \u201cspecial sitting\u201d means a sitting of the District Court at a place and time not standing appointed for the time being under section 26 of the Courts of Justice Act 1953 or section 40 or 42 of the Courts (Supplemental Provisions) Act 1961 for the transaction of the business of the District Court.<\/p>\n<h4>Evidence through television link for civil proceedings<\/h4>\n<p>25. (1) In civil proceedings under this Act, a person (other than the respondent) may give evidence through a live television link\u2014<\/p>\n<p>(a) where that person has not attained the age of 18 years, unless the court sees good reason to the contrary,<\/p>\n<p>(b) in any other case, with the leave of the court.<\/p>\n<p>(2) Evidence given under subsection (1) shall be video-recorded or audio-recorded.<\/p>\n<p>(3) Where live television link facilities are not in operation in a circuit court or district court district, and in the opinion of the court concerned it is desirable that evidence in the proceedings be given through a live television link, the court may by order transfer the proceedings to a circuit or district court district in relation to which those facilities are in operation.<\/p>\n<p>(4) Where a court transfers proceedings under subsection (3), the jurisdiction of the court to which the proceedings have been transferred may be exercised\u2014<\/p>\n<p>(a) in the case of the Circuit Court, by the judge of the circuit concerned, and<\/p>\n<p>(b) in the case of the District Court, by the judge of that court for the time being assigned to the district court district concerned.<\/p>\n<p>(5) In this section, \u201cvideo-recorded\u201d means a recording on any medium from which a moving image may, by any means, be produced and includes the accompanying soundtrack (if any).<\/p>\n<h4>Right to be accompanied in court in certain circumstances<\/h4>\n<p>26. (1) Subject to subsection (2), an applicant may, in addition to being accompanied by his or her legal representative (if any), be accompanied in court by an individual (including a support worker) of his or her choice.<\/p>\n<p>(2) The court may refuse to allow an applicant to be accompanied in court by a particular individual at any stage in the proceedings which relate to the applicant if the court considers that it would not be in the interests of justice for the individual concerned to accompany, or continue to accompany, the applicant and where the court so refuses it shall give reasons for such refusal.<\/p>\n<p>(3) In this section, \u201csupport worker\u201d means a volunteer of, or an individual employed under a contract of service or under a contract for services by, an organisation which provides support to victims of domestic violence.<\/p>\n<h4>Views of a child for whom an order is sought<\/h4>\n<p>27. (1) In civil proceedings under this Act, other than proceedings for the making of an interim barring order, an emergency barring order or a protection order, where an order is sought on behalf of a child, the court may, having regard to the age and maturity of that child, ascertain the views of the child prior to deciding whether or not to make the order in so far as that order relates to that child.<\/p>\n<p>(2) The court may, by order, appoint an expert to ascertain and convey the views of a child where the court considers that appointment to be necessary for the purpose of subsection (1).<\/p>\n<p>(3) Without prejudice to the generality of subsection (2), the court shall, in deciding whether to make an order under that subsection in relation to a child, have regard in particular to the following:<\/p>\n<p>(a) the age and maturity of the child;<\/p>\n<p>(b) any previous report made under this section in respect of the child;<\/p>\n<p>(c) whether the making of the order will assist the expression by the child of his or her views in the proceedings;<\/p>\n<p>(d) the best interests of the child.<\/p>\n<p>(4) An expert appointed under subsection (2) shall\u2014<\/p>\n<p>(a) ascertain the maturity of the child,<\/p>\n<p>(b) where so requested by the court, determine whether or not the child is capable of forming his or her own views on the matters which are the subject of the proceedings and report to the court on that determination, and<\/p>\n<p>(c) where not so requested by the court under paragraph (b), or where so requested and the expert determines that the child is capable of forming his or her own views on the matters which are the subject of the proceedings\u2014<\/p>\n<p>(i) ascertain the views of the child either generally on those matters or on a specific question on which the court requests the child\u2019s views, and<\/p>\n<p>(ii) furnish a report to the court setting out the views of the child ascertained under subparagraph (i).<\/p>\n<p>(5) The court may call an expert appointed under subsection (2) as a witness in the proceedings.<\/p>\n<p>(6) Regulations made by the Minister in consultation with the Minister for Children and Youth Affairs under subsection (10) of section 32 of the Act of 1964 shall, in so far as those regulations apply to an expert appointed under subsection (1)(b) of that section, apply to an expert appointed under subsection (2).<\/p>\n<p>(7) The fees and expenses of an expert appointed under subsection (2) shall be paid by such party to the proceedings, or by such parties to the proceedings and in such proportions, as the court may specify.<\/p>\n<p>(8) Where the court has under this section by order appointed an expert, nothing in this section shall prevent the court from making a further order appointing the same or a different expert to perform the function of ascertaining the views of the child concerned.<\/p>\n<h4>Information to victims of domestic violence on support services<\/h4>\n<p>28. The Courts Service shall provide each applicant with information on, and contact details for, support services for victims of domestic violence.<\/p>\n<h4>Recommendation for engagement by respondent with certain services<\/h4>\n<p>29. (1) A court may, when making a safety order, a barring order or an emergency barring order, recommend to a respondent that he or she engage with a programme or service to address any issue relating to his or her behaviour which contributed to the application for the order being made including\u2014<\/p>\n<p>(a) a programme for perpetrators of domestic violence,<\/p>\n<p>(b) an addiction service,<\/p>\n<p>(c) a counselling or psychotherapy service, or<\/p>\n<p>(d) a financial planning service.<\/p>\n<p>(2) The court may, when hearing an application 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 safety, barring or emergency barring order, consider the engagement of the respondent with a programme or service referred to in subsection (1) or any engagement of the respondent with a similar programme or service, whether or not on the recommendation of the court and the outcome of that engagement.<\/p>\n<p>(3) If a court considers the engagement of the respondent with a programme or service in accordance with subsection (2), it shall have regard to the view (if any) of the applicant on that engagement and the effect of that engagement on the behaviour of the respondent.<\/p>\n<h4>Costs<\/h4>\n<p>30. The costs of civil proceedings under this Act shall be at the discretion of the court.<\/p>\n<h4>Rules of court and service of documents<\/h4>\n<p>31. (1) For the purpose of ensuring the expeditious hearing of applications under this Act, rules of court may make provision for the service of documents otherwise than under section 7 of the Courts Act 1964 in circumstances to which that section relates.<\/p>\n<p>(2) This section is without prejudice to section 24 of the Interpretation Act 2005 which provides for rules of court.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E2<br \/>\nPower pursuant to subs. (1) exercised (27.07.2020) by Circuit Court Rules (Family Law and Domestic Violence) 2020 (S.I. No. 282 of 2020).<\/p>\n<p>E3<br \/>\nPower pursuant to subs. (1) exercised (6.03.2019) by District Court (Domestic Violence) Rules 2019 (S.I. No. 79 of 2019).<\/p>\n<h4>Orders not to affect rights under certain enactments or estate or interest<\/h4>\n<p>32. (1) Where, by reason only of an interim barring order, emergency barring order or a barring order, a person is not residing at a place during any period, that person shall be deemed, for the purposes of any 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, to be residing at that place during that period.<\/p>\n<p>(2) Except in so far as the exercise by a respondent of a right to occupy the place to which a barring order, an interim barring order or an emergency barring order relates is suspended by virtue of the order, that order shall not affect any estate or interest in that place of that respondent or any other person.<\/p>\n<p>PART 3<\/p>\n<p>Offences and Proceedings for Offences<\/p>\n<h4>Offences<\/h4>\n<p>33. (1) A respondent who\u2014<\/p>\n<p>(a) contravenes a safety order, a barring order, an interim barring order, an emergency barring order or a protection order, or<\/p>\n<p>(b) while a barring order, an emergency barring order or an interim barring order is in force, refuses to permit the applicant or a dependent person to enter in and remain in the place to which the order relates or does any act for the purpose of preventing the applicant or dependent person from so doing,<\/p>\n<p>commits an offence and shall be liable on summary conviction to a class B fine or to imprisonment for a term not exceeding 12 months, or both.<\/p>\n<p>(2) Subsection (1) is without prejudice to the law relating to contempt of court or any other liability, whether civil or criminal, that may be incurred by the respondent concerned.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E4<br \/>\nA class B fine means a fine not greater than \u20ac4,000 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 5(1), S.I. No. 662 of 2010.<\/p>\n<h4>Restrictions on those present in courtroom in proceedings under section 33<\/h4>\n<p>34. In proceedings relating to an offence under section 33, the judge shall exclude from the court during those proceedings all persons except officers of the court, persons directly concerned with those proceedings, bona fide representatives of the press and such other persons (if any) as the judge may in his or her discretion permit to remain.<\/p>\n<h4>Arrest without warrant<\/h4>\n<p>35. (1) Where a member of the Garda S\u00edoch\u00e1na has reasonable cause for believing that an offence is being or has been committed under section 33 the member may, on complaint being made to him or her by or on behalf of the person who was the applicant for the order referred to in subsection (1) of that section, arrest the respondent concerned without warrant.<\/p>\n<p>(2) For the purpose of arresting a respondent under subsection (1), a member of the Garda S\u00edoch\u00e1na may enter, if need be by force, and search a place where the member, with reasonable cause, suspects the respondent to be.<\/p>\n<h4>Prohibition on publication or broadcast of certain matters<\/h4>\n<p>36. (1) Subject to subsection (2) and any direction given under subsection (4), where a person is charged with an offence under section 33, a person who publishes or broadcasts information about, or a photograph, depiction or other representation of the physical likeness of, the relevant person, the person charged or a dependent person of either of them that is likely to enable the identification of the relevant person or the person charged commits an offence.<\/p>\n<p>(2) A person does not commit an offence under subsection (1) where\u2014<\/p>\n<p>(a) the relevant person consents in court to being identified or to the person charged being identified, or both, and<\/p>\n<p>(b) the court, having considered the effect of identification on a dependent person of either the relevant person or the person charged, consents to that identification.<\/p>\n<p>(3) If any matter is published or broadcast in contravention of subsection (1), the following persons commit an offence:<\/p>\n<p>(a) in the case of matter published in a newspaper or periodical publication, the proprietor, the editor and the publisher thereof;<\/p>\n<p>(b) in the case of matter published in any other written publication, the publisher thereof;<\/p>\n<p>(c) in the case of matter broadcast, each person who transmits or provides the programme in which the broadcast is made and each person who performs functions in relation to the programme corresponding to those of the editor of a newspaper.<\/p>\n<p>(4) The judge of the court in which proceedings for an offence under section 33 are brought may, where he or she considers that the interests of justice so require, direct that such information to which subsection (1) applies as he or she shall specify in the direction, may be published or broadcast in such manner and subject to such conditions as he or she may specify in the direction.<\/p>\n<p>(5) In this section\u2014<\/p>\n<p>\u201cbroadcast\u201d has the same meaning as it has in the Broadcasting Act 2009;<\/p>\n<p>\u201cpublish\u201d means publish, other than by way of broadcast, to the public or a portion of the public;<\/p>\n<p>\u201crelevant person\u201d means the applicant for the order referred to in section 33(1) to which the offence relates.<\/p>\n<h4>Penalties for offence under section 36<\/h4>\n<p>37. (1) A person who commits an offence under subsection (1) of section 36 is liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or both, or<\/p>\n<p>(b) on conviction on indictment, to a fine not exceeding \u20ac50,000 or to imprisonment for a term not exceeding 3 years, or both.<\/p>\n<p>(2) A person who contravenes a direction or a condition specified in a direction given under subsection (4) of section 36 commits an offence and is liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, and<\/p>\n<p>(b) on conviction on indictment, to a fine not exceeding \u20ac50,000 or imprisonment for a term not exceeding 3 years, or both.<\/p>\n<p>(3) (a) Where an offence under section 36 has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate commits an offence and shall be liable to be proceeded against and punished as if he or she committed the first-mentioned offence.<\/p>\n<p>(b) Where the affairs of a body corporate are managed by its members, paragraph (a) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.<\/p>\n<p>(4) It shall be a defence for a person who is charged with an offence under section 36 to prove that at the time of the alleged offence the person was not aware, and neither suspected nor had reason to suspect, that the matter alleged to have been published or broadcast was a matter specified in that section.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E5<br \/>\nA class A fine means a fine not greater than \u20ac5,000 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(1), S.I. No. 662 of 2010.<\/p>\n<h4>Offence of forced marriage<\/h4>\n<p>38. (1) A person commits an offence where he or she engages in relevant conduct for the purpose of causing another person to enter into a ceremony of marriage.<\/p>\n<p>(2) A person commits an offence where he or she\u2014<\/p>\n<p>(a) removes another person from the State, and<\/p>\n<p>(b) intends the other person to be subject to relevant conduct outside the State for the purpose of causing that other person to enter into a ceremony of marriage.<\/p>\n<p>(3) A person commits an offence where, in a place other than the State, the person engages in relevant conduct for the purpose of causing another person to enter into a ceremony of marriage and the first-mentioned person is, at the time he or she engages in that conduct\u2014<\/p>\n<p>(a) an Irish citizen or ordinarily resident in the State and that conduct for that purpose would constitute an offence in the place in which that conduct occurs,<\/p>\n<p>(b) on board an Irish ship within the meaning of section 9 of the Mercantile Marine Act 1955, or<\/p>\n<p>(c) on an aircraft registered in the State.<\/p>\n<p>(4) For the purpose of an offence under this section, the relevant conduct concerned (other than undue influence) may be directed at the other person referred to in subsection (1) or (2)(a), as the case may be, or another person.<\/p>\n<p>(5) Proceedings for an offence under subsection (3) may be taken in any place in the State and the offence may, for all incidental purposes, be treated as having been committed in that place.<\/p>\n<p>(6) In proceedings for an offence under subsection (3) \u2014<\/p>\n<p>(a) a certificate signed by an officer of the Department of Foreign Affairs and Trade and stating that a passport was issued by that Department to a person on a specified date, and<\/p>\n<p>(b) a certificate signed by an officer of the Minister and stating that, to the best of the officer\u2019s knowledge and belief, the person has not ceased to be an Irish citizen,<\/p>\n<p>is evidence of the facts stated in the certificate, and is taken to have been signed by the person purporting to have signed it, unless the contrary is shown.<\/p>\n<p>(7) A person who commits an offence under this section shall be liable\u2014<\/p>\n<p>(a) on summary conviction to a class A fine or a term of imprisonment not exceeding 12 months, or both, or<\/p>\n<p>(b) on conviction on indictment to a fine or a term of imprisonment not exceeding 7 years, or both.<\/p>\n<p>(8) For the purposes of this section a person shall be deemed to be ordinarily resident in the State if he or she has had his or her principal residence in the State for the period of 12 months immediately preceding the alleged commission of the offence.<\/p>\n<p>(9) Where a person has been acquitted of an offence in a place other than the State, he or she shall not be proceeded against for an offence under this section consisting of the alleged act or acts constituting the first-mentioned offence.<\/p>\n<p>(10) Where a person has been convicted of an offence in a place other than the State, he or she shall not be proceeded against for an offence under this section consisting of the act or acts constituting the first-mentioned offence.<\/p>\n<p>(11) In this section\u2014<\/p>\n<p>\u201cceremony of marriage\u201d means any religious, civil or secular ceremony of marriage, whether legally binding or not;<\/p>\n<p>\u201crelevant conduct\u201d means violence, threats, undue influence or any form of coercion or duress;<\/p>\n<p>\u201cremoves another person from the State\u201d includes\u2014<\/p>\n<p>(a) arranging any part of the other person\u2019s travel out of the State,<\/p>\n<p>(b) accompanying the other person for any portion of that travel,<\/p>\n<p>(c) arranging that the other person be met when his or her travel out of the State has terminated, or<\/p>\n<p>(d) doing any other act that could facilitate the other person\u2019s travel out of the State.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E6<br \/>\nA class A fine means a fine not greater than \u20ac5,000 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(1), S.I. No. 662 of 2010.<\/p>\n<h4>Offence of coercive control<\/h4>\n<p>39. (1) A person commits an offence where he or she knowingly and persistently engages in behaviour that\u2014<\/p>\n<p>(a) is controlling or coercive,<\/p>\n<p>(b) has a serious effect on a relevant person, and<\/p>\n<p>(c) a reasonable person would consider likely to have a serious effect on a relevant person.<\/p>\n<p>(2) For the purposes of subsection (1), a person\u2019s behaviour has a serious effect on a relevant person if the behaviour causes the relevant person\u2014<\/p>\n<p>(a) to fear that violence will be used against him or her, or<\/p>\n<p>(b) serious alarm or distress that has a substantial adverse impact on his or her usual day-to-day activities.<\/p>\n<p>(3) A person who commits an offence under subsection (1) is liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, and<\/p>\n<p>(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years, or both.<\/p>\n<p>(4) In this section, a person is a \u201crelevant person\u201d in respect of another person if he or she\u2014<\/p>\n<p>(a) is the spouse or civil partner of that other person, or<\/p>\n<p>(b) is not the spouse or civil partner of that other person and is not related to that other person within a prohibited degree of relationship but is or was in an intimate relationship with that other person.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E7<br \/>\nA class A fine means a fine not greater than \u20ac5,000 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(1), S.I. No. 662 of 2010.<\/p>\n<h4>Relationship between defendant and victim as aggravating factor in sentencing for certain offences<\/h4>\n<p>40. (1) Where a court is determining the sentence to be imposed on a person for a relevant offence, the fact that the offence was committed by the person against a relevant person shall be treated, for the purpose of determining the sentence, as an aggravating factor.<\/p>\n<p>(2) Subject to subsection (3), where subsection (1) applies the court shall impose a sentence which is greater than that which would have been imposed if the person against whom the offence was committed was not a relevant person.<\/p>\n<p>(3) Subsection (2) shall not apply where the court considers that there are exceptional circumstances justifying it not applying that subsection.<\/p>\n<p>(4) The sentence imposed as a result of the application of subsection (2) shall not be greater than the maximum sentence permissible for the relevant offence concerned.<\/p>\n<p>(5) In this section\u2014<\/p>\n<p>\u201cAct of 1990\u201d means the Criminal Law (Rape) (Amendment) Act 1990;<\/p>\n<p>\u201crelevant offence\u201d means\u2014<\/p>\n<p>F3[(a) an offence under section 2 , 3 , 3A, 4 , 4A or sections 5 to 15 of the Non-Fatal Offences against the Person Act 1997,]<\/p>\n<p>F4[(aa) an offence under section 2 or 3 of the Harassment, Harmful Communications and Related Offences Act 2020,]<\/p>\n<p>(b) any offence which involves violence or a threat of violence to a person other than an offence\u2014<\/p>\n<p>(i) referred to in paragraph (a), or<\/p>\n<p>(ii) under section 39,<\/p>\n<p>(c) rape,<\/p>\n<p>(d) rape under section 4 of the Act of 1990,<\/p>\n<p>(e) sexual assault within the meaning of section 2 of the Act of 1990,<\/p>\n<p>(f) aggravated sexual assault within the meaning of section 3 of the Act of 1990,<\/p>\n<p>(g) an offence consisting of attempting or conspiring to commit, or aiding or abetting, counselling or procuring or inciting the commission of, an offence referred to in F5[in paragraph (a), (aa), (b), (c), (d), (e) or (f)].<\/p>\n<p>(6) In this section, a person is a \u201crelevant person\u201d in respect of another person if he or she\u2014<\/p>\n<p>(a) is the spouse or civil partner of that other person, or<\/p>\n<p>(b) is not the spouse or civil partner of that other person and is not related to that other person within a prohibited degree of relationship but is or was in an intimate relationship with that other person.<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F3<br \/>\nSubstituted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24\/2023), s. 82(b), S.I. No. 525 of 2023.<\/p>\n<p>F4<br \/>\nInserted (10.02.2021) by Harassment, Harmful Communications and Related Offences Act 2020 (32\/2020), s. 11(a), S.I. No. 53 of 2021.<\/p>\n<p>F5<br \/>\nSubstituted (10.02.2021) by Harassment, Harmful Communications and Related Offences Act 2020 (32\/2020), s. 11(b), S.I. No. 53 of 2021.<\/p>\n<p>PART 4<\/p>\n<p>Transitional and Savings and Consequential Amendments to other Acts<\/p>\n<h4>Continuance of orders made under Act of 1996<\/h4>\n<p>41. (1) A safety order made under the Act of 1996 in force immediately before the coming into operation of section 6 shall, after that coming into operation, continue in force as if it had been made under that section and this Act shall apply to that order.<\/p>\n<p>(2) A barring order made under the Act of 1996 in force immediately before the coming into operation of section 7 shall, after that coming into operation, continue in force as if it had been made under that section and this Act shall apply to that order.<\/p>\n<p>(3) An interim barring order made under the Act of 1996 in force immediately before the coming into operation of section 8 shall, after that coming into operation, continue in force as if it had been made under that section and this Act shall apply to that order.<\/p>\n<p>(4) A protection order made under the Act of 1996 in force immediately before the coming into operation of section 10 shall, after that coming into operation, continue in force as if it had been made under that section and this Act shall apply to that order.<\/p>\n<h4>Continuation of proceedings<\/h4>\n<p>42. (1) Where on the coming into operation of Part 2, proceedings referred to in subsection (2) have been commenced under the Act of 1996 but not determined, those proceedings shall be continued as if they were civil proceedings under this Act.<\/p>\n<p>(2) Subsection (1) applies to the following proceedings:<\/p>\n<p>(a) proceedings for the making, variation or discharge of a safety order or a barring order;<\/p>\n<p>(b) proceedings, consequent on the making of an application for a barring order, for the making, variation or discharge of an interim barring order which relates to the application;<\/p>\n<p>(c) proceedings, consequent on the making of an application for a safety order or barring order, for the making, variation or discharge of a protection order which relates to the application;<\/p>\n<p>(d) any proceedings by way of appeal or case stated which are related to proceedings to which paragraph (a), (b) or (c) applies.<\/p>\n<h4>Amendment of section 1 of Criminal Damage Act 1991<\/h4>\n<p>43. Section 1 of the Criminal Damage Act 1991 is amended\u2014<\/p>\n<p>(a) in subsection (3)(b), by the substitution of the following subparagraph for subparagraph (ii):<\/p>\n<p>\u201c(ii) is the subject of a safety order, protection order, interim barring order or barring order made under the Domestic Violence Act 2018, or treated under section 41 of that Act as if that order was made under that Act, or is excluded from the home pursuant to any other order of the court,\u201d,<\/p>\n<p>and<\/p>\n<p>(b) in subsection (3A)(b), by the substitution of the following subparagraph for subparagraph (ii):<\/p>\n<p>\u201c(ii) is the subject of a safety order, protection order, interim barring order or barring order made under the Domestic Violence Act 2018, or treated under section 41 of that Act as if that order was made under that Act, or is excluded from the home pursuant to any other order of the court.\u201d.<\/p>\n<h4>Amendment of section 12 of Criminal Evidence Act 1992<\/h4>\n<p>44. Section 12(1) (amended by section 30 of the Criminal Justice (Victims of Crime) Act 2017) of the Criminal Evidence Act 1992 is amended in the definition of \u201crelevant offence\u201d \u2014<\/p>\n<p>(a) by the insertion of the following paragraph after paragraph (d):<\/p>\n<p>\u201c(da) an offence under section 33, 38 or 39 of the Domestic Violence Act 2018;\u201d,<\/p>\n<p>and<\/p>\n<p>(b) in paragraph (e), by the substitution of \u201c(c), (d) or (da)\u201d for \u201c(c) or (d)\u201d.<\/p>\n<h4>Amendment of Family Law Act 1995<\/h4>\n<p>45. (1) The Act of 1995 is amended\u2014<\/p>\n<p>(a) in section 2(1) \u2014<\/p>\n<p>(i) by the deletion of the definition of \u201cAct of 1996\u201d, and<\/p>\n<p>(ii) by the insertion of the following definition:<\/p>\n<p>(\u201c \u2018 Act of 2018 \u2019 means the Domestic Violence Act 2018;\u201d,<\/p>\n<p>(b) in section 6, by the substitution of the following paragraph for paragraph (a) :<\/p>\n<p>\u201c(a) an order under section 6, 7, 8 or 10 of the Act of 2018,\u201d,<\/p>\n<p>(c) in section 10(1), by the substitution of the following paragraph for paragraph (d) :<\/p>\n<p>\u201c(d) an order under section 6, 7, 8 or 10 of the Act of 2018,\u201d,<\/p>\n<p>(d) in section 31(1), by the deletion of paragraph (b),<\/p>\n<p>(e) by the repeal of section 33,<\/p>\n<p>(f) in section 38(4)\u2014<\/p>\n<p>(i) by the deletion of paragraph (a), and<\/p>\n<p>(ii) in paragraph (b), by the deletion of the words \u201cin any other case,\u201d,<\/p>\n<p>and<\/p>\n<p>(g) in section 47(6), by the substitution of the following paragraph for paragraph (d):<\/p>\n<p>\u201c(d) under the Act of 2018,\u201d.<\/p>\n<p>(2) Where on the coming into operation of this section, an application has been made under section 33 of the Act of 1995 but not determined that application shall continue as if the amendments effected by paragraphs (d), (e) and (f) of subsection (1) had not been made and, where an order is made under section 33 pursuant to that application exempting the marriage from the application of section 31(1)(a) of the Act of 1995, that exemption shall be a valid exemption for that purpose.<\/p>\n<p>(3) Notwithstanding the coming into operation of paragraph (d) of subsection (1), section 31(1)(b) of the Act of 1995 shall continue to apply to an exemption granted under section 33 of that Act prior to that coming into operation and to an exemption granted in accordance with subsection (2).<\/p>\n<p>(4) For the avoidance of doubt, nothing in this section shall affect the validity of a marriage by reason only that the marriage was entered into in reliance on an exemption granted under section 33 of the Act of 1995\u2014<\/p>\n<p>(a) prior to the coming into operation of this section, or<\/p>\n<p>(b) in accordance with subsection (2).<\/p>\n<h4>Amendment of section 28 of Civil Legal Aid Act 1995<\/h4>\n<p>46. Section 28 of the Civil Legal Aid Act 1995 is amended by the insertion of the following subsection after subsection (5C):<\/p>\n<p>\u201c(5D) Notwithstanding any other provision of this Act, where an applicant or respondent (within the meaning of the Domestic Violence Act 2018) is prevented from conducting a cross-examination referred to in section 16 of that Act, the Board shall grant a legal aid certificate to the applicant or respondent, as the case may be, for the purpose of his or her being represented in relation to such a cross-examination.\u201d.<\/p>\n<h4>Amendment of Family Law (Divorce) Act 1996<\/h4>\n<p>47. The Family Law (Divorce) Act 1996 is amended\u2014<\/p>\n<p>(a) in section 2(1) \u2014<\/p>\n<p>(i) by the deletion of the definition of \u201cAct of 1996\u201d, and<\/p>\n<p>(ii) by the insertion of the following definition:<\/p>\n<p>\u201c \u2018 Act of 2018 \u2019 means the Domestic Violence Act 2018;\u201d,<\/p>\n<p>(b) in section 11, by the substitution of the following paragraph for paragraph (a) :<\/p>\n<p>\u201c(a) a safety order, barring order, interim barring order or protection order under the Act of 2018,\u201d,<\/p>\n<p>and<\/p>\n<p>(c) in section 15(1), by the substitution of the following paragraph for paragraph (d) :<\/p>\n<p>\u201c(d) an order under section 6, 7, 8 or 10 of the Act of 2018,\u201d.<\/p>\n<h4>Amendment of section 9 of Mental Health Act 2001<\/h4>\n<p>48. Section 9 of the Mental Health Act 2001 is amended in subsection (8) by\u2014<\/p>\n<p>(a) the substitution of the following definition for the definition of \u201ccivil partner\u201d:<\/p>\n<p>\u201c \u2018civil partner\u2019, in relation to a person, does not include a civil partner of a person who is living separately and apart from the person or in respect of whom\u2014<\/p>\n<p>(a) an application for an order has been made under the Domestic Violence Act 2018 or an application for an order has been made which is treated, in accordance with section 42 of that Act, as if it had been made under that Act, or<\/p>\n<p>(b) an order has been made under the Domestic Violence Act 2018 or an order has been made which is treated, in accordance with section 41 of that Act, as if it had been made under that Act;\u201d,<\/p>\n<p>and<\/p>\n<p>(b) the substitution of the following definition for the definition of \u201cspouse\u201d:<\/p>\n<p>\u201c \u2018spouse\u2019, in relation to a person, does not include a spouse of a person who is living separately and apart from the person or in respect of whom\u2014<\/p>\n<p>(a) an application for an order has been made under the Domestic Violence Act 2018 or an application for an order has been made which is treated, in accordance with section 42 of that Act, as if it had been made under that Act, or<\/p>\n<p>(b) an order has been made under the Domestic Violence Act 2018 or an order has been made which is treated, in accordance with section 41 of that Act, as if it had been made under that Act.\u201d.<\/p>\n<h4>Amendment of section 2 of Civil Registration Act 2004<\/h4>\n<p>49. Section 2(2) of the Civil Registration Act 2004 is amended by the substitution of the following paragraph for paragraph (c):<\/p>\n<p>\u201c(c) one or both of the parties to the intended marriage will be under the age of 18 years on the date of solemnisation of the intended marriage and an exemption from the application of section 31(1)(a) of the Family Law Act 1995 in relation to the marriage was not granted under section 33 of that Act\u2014<\/p>\n<p>(i) prior to the coming into operation of subsection (1) of section 45 of the Domestic Violence Act 2018, or<\/p>\n<p>(ii) in accordance with subsection (2) of section 45 of that Act.\u201d.<\/p>\n<h4>Amendment of section 39 of Civil Liability and Courts Act 2004<\/h4>\n<p>50. (1) Section 39 of the Act of 2004 is amended in the definition of \u201crelevant enactment\u201d by the substitution\u2014<\/p>\n<p>(a) of the following paragraph for paragraph (h):<\/p>\n<p>\u201c(h) section 33 (for the purposes of section 45(2) of the Domestic Violence Act 2018) or 38 of the Act of 1995;\u201d,<\/p>\n<p>and<\/p>\n<p>(b) of the following paragraph for paragraph (j):<\/p>\n<p>\u201c(j) section 23 of the Domestic Violence Act 2018;\u201d.<\/p>\n<p>(2) Where, prior to the coming into operation of subsection (1)(a), a person has contravened section 40A(1) of the Act of 2004 as respects proceedings to which paragraph (h) of the definition of \u201crelevant enactment\u201d in section 39 of that Act relates, then notwithstanding the repeal of section 33 of the Act of 1995 by section 45(1)(e), section 40A of the Act of 2004 continues to apply to that contravention as if the amendment in subsection (1)(a) had not been made.<\/p>\n<p>(3) Where, prior to the coming into operation of subsection (1)(b), a person has contravened section 40A(1) of the Act of 2004 as respects proceedings to which paragraph (j) of the definition of \u201crelevant enactment\u201d in section 39 of that Act relates, then notwithstanding the repeal of section 16 of the Act of 1996 by section 3, section 40A of the Act of 2004 continues to apply to that contravention as if the amendment in subsection (1)(b) had not been made.<\/p>\n<h4>Amendment of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010<\/h4>\n<p>51. The Act of 2010 is amended\u2014<\/p>\n<p>(a) in section 115, by the substitution of the following paragraph for paragraph (a):<\/p>\n<p>\u201c(a) a safety order, barring order, interim barring order or protection order under the Domestic Violence Act 2018;\u201d,<\/p>\n<p>(b) in section 119(1), by the substitution of the following paragraph for paragraph (d):<\/p>\n<p>\u201c(d) an order under the Domestic Violence Act 2018;\u201d,<\/p>\n<p>and<\/p>\n<p>(c) in section 139, in the definition of \u201ccivil partnership law proceedings\u201d, by the substitution of the following paragraph for paragraph (b):<\/p>\n<p>\u201c(b) under the Domestic Violence Act 2018, or\u201d.<\/p>\n<p>Amendment of Schedule 3 to National Vetting Bureau (Children and Vulnerable Persons) Act 2012<\/p>\n<p>52. Schedule 3 to the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 is amended by the substitution of the following paragraph for paragraph 1:<\/p>\n<p>\u201c1. An offence under section 17 of the Domestic Violence Act 1996 or section 33, 38 or 39 of the Domestic Violence Act 2018.\u201d.<\/p>\n<h4>Amendment of section 61 of Animal Health and Welfare Act 2013<\/h4>\n<p>53. Section 61(1) of the Animal Health and Welfare Act 2013 is amended in paragraph (e) by the substitution of \u201can order has been made under the Domestic Violence Act 2018 or an order has been made which is treated, in accordance with section 41 of that Act, as if it had been made under that Act\u201d for \u201can order has been made under the Domestic Violence Act 1996\u201d.<\/p>\n<h4>Amendment of section 2 of Assisted Decision-Making (Capacity) Act 2015<\/h4>\n<p>54. Section 2 of the Assisted Decision-Making (Capacity) Act 2015 is amended by the substitution in subsection (1) of the following definition for the definition of \u201csafety or barring order\u201d:<\/p>\n<p>\u201c \u2018safety or barring order\u2019 means a safety order or barring order made under the Domestic Violence Act 1996 or under the Domestic Violence Act 2018;\u201d.<\/p>\n<h4>Amendment of section 3 of Mediation Act 2017<\/h4>\n<p>55. Section 3(1) of the Mediation Act 2017 is amended by the substitution of the following paragraph for paragraph (h):<\/p>\n<p>\u201c(h) proceedings under the Domestic Violence Act 2018;\u201d.<\/p>\n<p>Amendment of section 2 of Criminal Justice (Victims of Crime) Act 2017<\/p>\n<p>56. Section 2(1) of the Criminal Justice (Victims of Crime) Act 2017 is amended in the definition of \u201cprotection measure\u201d by the substitution of the following paragraph for paragraph (c):<\/p>\n<p>\u201c(c) advice regarding safety orders, barring orders, interim barring orders, emergency barring orders and protection orders within the meaning of the Domestic Violence Act 2018;\u201d.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-20817\" data-postid=\"20817\" class=\"themify_builder_content themify_builder_content-20817 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>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\u00a0 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. [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[297],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/20817"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=20817"}],"version-history":[{"count":8,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/20817\/revisions"}],"predecessor-version":[{"id":32907,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/20817\/revisions\/32907"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=20817"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=20817"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=20817"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}