Domestic Violence – What You Need To Know

May be get statistics for the Republic of Ireland as opposed to Northern Ireland? Even if that number is declining, that’s still a huge number for an area that comprises 1/6th of the island. Victims of domestic violence and abuse suffer not only as the result of the incident but also the psychological impact and the isolation they experience.

At Walsh and Partners, we believe in supporting victims of domestic abuse not just legally but in other ways too. To that end, let’s get some clarity on this important yet taboo subject.

Is it Domestic Abuse?

Domestic abuse can take a variety of forms it can be physical, sexual, emotional, psychological and financial abuse.  It can occur within a family between one family member against another.  It can involve a current or ex-partner, regardless of gender or sexuality.

Victims of domestic abuse are often unable to identify that they are victims, especially when there is no physical violence involved. That’s because the abuse can be so subtle that the victim neither believes it is abuse nor knows it is a crime. Domestic abuse can take many forms from verbal abuse and coercion to t physical violence and sexual abuse. Signs of abuse include being isolated,  controlled,, belittled, threatened,, and of course physical  violence such as punching or hitting.  

So, if you notice any atypical behavior, feel uncomfortable in a situation or notice a certain negative pattern in the behavior of an individual, you should check to see if it constitutes abuse. If so, it warrants firm action.

What to Do if You Are Experiencing Domestic Violence?

If you are experiencing domestic abuse or notice someone who is, the first thing to do is seek legal advice from a solicitor specializing in family law and domestic abuse. . A solicitor can not only tell you where the incident constitutes domestic violence or abuse but also what legal redress is available to you against the perpetrator.

What Legal Help Can You Get to protect you against Domestic Abuse?

As in most countries and states, victims of domestic abuse in Ireland can get a court order against the perpetrator. While the names may vary, the intent behind these orders is singular – to prevent the perpetrator from executing a repeat performance.

In Ireland, there are a few different types of court orders you can get.

Safety Order

A safety order  prohibits the offender from  using or threatening to use violence against, molesting or putting in fear the victim. It can also include prohibition from watching a besetting a place where the victim lives as well as prohibiting the offender from following or communicating with the victim. A safety order does not make an offender leave the home they live in with the victim.

Barring Order

When the court believes that your safety and welfare are at risk because of the transgressor, it may make a Barring Order which is an order which compels the abuser to leave the home you live in and make independent living arrangements. A barring order may also prevent the offender from being near your home, following you, or being in your physical presence. It may also prohibit electronic communication such as telephone calls, text messages, emails, or via social media. In some cases it is possible to get an interim Barring Order to protect you until the court deals with your application.

Protection Order

This is a temporary Order which can be made by the court when a victim applies to the court for a Safety or Barring Order in order to protect the victim until the case is fully heard by the court.

What Happens If the Order Is Breached?

Breach of a Safety Order, Barring Order or Protection Order is a criminal offence and if convicted punishable by up to 12 months imprisonment and/or a fine or both.

Domestic Abuse Solicitors in Cork and Dublin

As a victim, it’s hard to detach oneself and think about the situation objectively, let alone take protective action. Experienced solicitors for Solicitors for domestic violence  can not only help you understand your situation but get help in resolving it. Your lawyer will be with you not just during or immediately after the situation but will help you stay protected in the future as well, and deal promptly with any domestic violence emergency situations that may arise.

At Walsh and Partners, we value the safety of the victims of domestic crimes and their loved ones. If you have any queries in relation to the law regarding domestic abuse, call or write to us. We have offices in Cork – 021-4270200, Midleton – (021) 4639425, (021) 4638030, (021) 4638000 and Dublin – 01 291 0300. You can also email us at reception@walshandpartners.ie and we’ll get back to you ASAP.