Domestic Violence Act 2018

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Number 6 of 2018

DOMESTIC VIOLENCE ACT 2018

CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Interpretation

3. Repeals

4. Expenses

PART 2

Court Proceedings

5. Factors or circumstances to which court shall have regard in determining applications for specified orders

6. Safety order

7. Barring order

8. Interim barring order

9. Emergency barring order

10. Protection order

11. Power of the Agency to apply for certain orders

12. Power to make care order or supervision order under Child Care Act 1991

13. Application of section 9(2) of Family Home Protection Act 1976

14. Application of section 34(2) of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

15. Hearing of applications under Acts together

16. Protection against cross-examination by applicant or respondent

17. Requirement to give reasons for certain decisions

18. Taking effect of orders

19. Copies of orders to be given to certain persons

20. Effect of appeal from order

21. Discharge of orders

22. Exercise of jurisdiction by court in civil proceedings

23. Hearing of civil proceedings

24. Special sitting of District Court

25. Evidence through television link for civil proceedings

26. Right to be accompanied in court in certain circumstances

27. Views of a child for whom an order is sought

28. Information to victims of domestic violence on support services

29. Recommendation for engagement by respondent with certain services

30. Costs

31. Rules of court and service of documents

32. Orders not to affect rights under certain enactments or estate or interest

PART 3

Offences and Proceedings for Offences

33. Offences

34. Restrictions on those present in courtroom in proceedings under section 33

35. Arrest without warrant

36. Prohibition on publication or broadcast of certain matters

37. Penalties for offence under section 36

38. Offence of forced marriage

39. Offence of coercive control

40. Relationship between defendant and victim as aggravating factor in sentencing for certain offences

PART 4

Transitional and Savings and Consequential Amendments to other Acts

41. Continuance of orders made under Act of 1996

42. Continuation of proceedings

43. Amendment of section 1 of Criminal Damage Act 1991

44. Amendment of section 12 of Criminal Evidence Act 1992

45. Amendment of Family Law Act 1995

46. Amendment of section 28 of Civil Legal Aid Act 1995

47. Amendment of Family Law (Divorce) Act 1996

48. Amendment of section 9 of Mental Health Act 2001

49. Amendment of section 2 of Civil Registration Act 2004

50. Amendment of section 39 of Civil Liability and Courts Act 2004

51. Amendment of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

52. Amendment of Schedule 3 to National Vetting Bureau (Children and Vulnerable Persons) Act 2012

53. Amendment of section 61 of Animal Health and Welfare Act 2013

54. Amendment of section 2 of Assisted Decision-Making (Capacity) Act 2015

55. Amendment of section 3 of Mediation Act 2017

56. Amendment of section 2 of Criminal Justice (Victims of Crime) Act 2017

Acts Referred to

Age of Majority Act 1985 (No. 2)

Animal Health and Welfare Act 2013 (No. 15)

Assisted Decision-Making (Capacity) Act 2015 (No. 64)

Broadcasting Act 2009 (No. 18)

Child Care Act 1991 (No. 17)

Civil Legal Aid Act 1995 (No. 32)

Civil Liability and Courts Act 2004 (No. 31)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)

Civil Registration Act 2004 (No. 3)

Courts (Supplemental Provisions) Act 1961 (No. 39)

Courts Act 1964 (No. 11)

Courts and Civil Law (Miscellaneous Provisions) Act 2013 (No. 32)

Courts of Justice Act 1953 (No. 32)

Criminal Damage Act 1991 (No. 31)

Criminal Evidence Act 1992 (No. 12)

Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50)

Criminal Justice (Victims of Crime) Act 2017 (No. 28)

Criminal Law (Rape) (Amendment) Act 1990 (No. 32)

Domestic Violence (Amendment) Act 2002 (No. 30)

Domestic Violence Act 1996 (No. 1)

Family Home Protection Act 1976 (No. 27)

Family Law (Divorce) Act 1996 (No. 33)

Family Law (Maintenance of Spouses and Children) Act 1976 (No. 11)

Family Law Act 1995 (No. 26)

Guardianship of Infants Act 1964 (No. 7)

Housing (Private Rented Dwellings) Acts 1982 and 1983

Interpretation Act 2005 (No. 23)

Judicial Separation and Family Law Reform Act 1989 (No. 6)

Landlord and Tenant Acts 1967 to 2008

Mediation Act 2017 (No. 27)

Mental Health Act 2001 (No. 25)

Mercantile Marine Act 1955 (No. 29)

National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (No. 47)

Non-Fatal Offences Against the Person Act 1997 (No. 26)

Residential Tenancies Acts 2004 to 2015

Number 6 of 2018

DOMESTIC VIOLENCE ACT 2018

An Act to consolidate the law on domestic violence; to provide for emergency barring orders in certain circumstances; to provide for evidence to be given through television link in certain proceedings; to provide for the right of an applicant to be accompanied in certain proceedings; to provide for the obtaining of the views of a child in certain proceedings; to provide for the giving of information on support services to victims of domestic violence; to provide for the making of recommendations for engagement with certain services by respondents; to provide for restrictions on those present in court during certain proceedings; to prohibit the publication or broadcast of certain matters; to provide for an offence of forced marriage; to repeal provisions for exemption, in certain cases, from minimum age requirements for marriage; for those and other purposes to repeal the Domestic Violence Act 1996 and the Domestic Violence (Amendment) Act 2002 and to provide for the consequential amendment of certain other enactments; and to provide for related matters

[8th May, 2018]

Be it enacted by the Oireachtas as follows: