DOMESTIC VIOLENCE ACT 1996


Number 1 of 1996


DOMESTIC VIOLENCE ACT 1996

REVISED

Updated to 30 June 2016


This Revised Act is an administrative consolidation of the Domestic Violence Act 1996. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), enacted 11 February 2016, and all statutory instruments up to and including European Union (Cereal Seed) (Amendment) Regulations 2016 (S.I. No. 375 of 2016), made 30 June 2016, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 1 of 1996


DOMESTIC VIOLENCE ACT 1996

REVISED

Updated to 30 June 2016


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Domestic Violence Acts 1996 to 2011: this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 1(8)). The Acts in this group are:

Domestic Violence Act 1996 (1/1996)

Domestic Violence (Amendment) Act 2002 (30/2002)

Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 60

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1999, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Child and Family Agency Act 2013 (40/2013)

Civil Law (Miscellaneous Provisions) Act 2011 (23/2011)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

Interpretation Act 2005 (23/2005)

Health Act 2004 (42/2004)

Civil Liability and Courts Act 2004 (31/2004)

Domestic Violence (Amendment) Act 2002 (30/2002)

Family Law (Miscellaneous Provision) Act 1997 (18/1997)

Family Law (Divorce) Act 1996 (33/1996)

All Acts up to and including Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), enacted 11 February 2016, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order 1997 (S.I. No. 297 of 1997)

All statutory instruments up to and including European Union (Cereal Seed) (Amendment) Regulations 2016 (S.I. No. 375 of 2016), made 30 June 2016, were considered in the preparation of this revision.


Number 1 of 1996


DOMESTIC VIOLENCE ACT 1996

REVISED

Updated to 30 June 2016


ARRANGEMENT OF SECTIONS


Number 1 of 1996


DOMESTIC VIOLENCE ACT 1996

REVISED

Updated to 30 June 2016


AN ACT TO MAKE PROVISION FOR THE PROTECTION OF A SPOUSE AND ANY CHILDREN OR OTHER DEPENDENT PERSONS, AND OF PERSONS IN OTHER DOMESTIC RELATIONSHIPS, WHOSE SAFETY OR WELFARE REQUIRES IT BECAUSE OF THE CONDUCT OF ANOTHER PERSON IN THE DOMESTIC RELATIONSHIP CONCERNED AND FOR THAT PURPOSE TO REPEAL AND RE-ENACT WITH AMENDMENTS THE PROVISIONS OF THE FAMILY LAW (PROTECTION OF SPOUSES AND CHILDREN) ACT, 1981, TO PROVIDE FOR ARREST WITHOUT WARRANT IN CERTAIN CIRCUMSTANCES, TO PROVIDE FOR THE HEARING AT THE SAME TIME OF CERTAIN APPLICATIONS TO A COURT UNDER MORE THAN ONE ENACTMENT FOR ORDERS RELATING TO DOMESTIC RELATIONSHIPS AND TO PROVIDE FOR OTHER CONNECTED MATTERS. [27 th February, 1996]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions under Act transferred to Child and Family Agency (1.01.2014) by Child and Family Agency Act 2013 (40/2013), ss. 6, 82 and sch. 1, S.I. No. 502 of 2013 and S.I. No. 503 of 2013 (establishment day).

Establishment day

6. The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

...

Transfer of certain functions of Health Service Executive

82. (1) The administration and business in connection with the performance of any of the functions transferred by subsection (2) are transferred, on the establishment day, to the Agency.

(2) The functions vested in the Health Service Executive by or under the enactments specified in Schedule 1 shall, on the establishment day, stand transferred to the Agency.

...

SCHEDULE 1

Functions of Health Service Executive Transferred to Agency

Section 82.

...

Domestic Violence Act 1996

...

Editorial Notes:

E1

Power to make order under collectively cited Domestic Violence Acts 1996 and 2002 provided (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), ss. 115(a) and 119(1)(d), S.I. No. 648 of 2010.

E2

Proceedings under Act included in definition of “civil partnership law proceedings” (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), S.I. No. 648 of 2010, in relation to Part 13 of 2010 Act.