Domestic Violence Act 1996

Interpretation.

1

1. (1) In this Act, except where the context otherwise requires—

F1 [ Act of 2010 means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010; ]

applicant”, where appropriate, has the meaning assigned by either section 2 or 3 or by both of those sections and where an interim barring order has been made the applicant for the barring order to which the interim barring order relates shall be deemed to be the applicant for the interim barring order and where a protection order has been made the applicant for the safety order or the barring order to which the protection order relates shall be deemed to be the applicant for that protection order;

barring order” has the meaning assigned by section 3 ;

F1 [ civil partner has the meaning assigned to it by the Act of 2010 and includes a person who was a civil partner in a partnership that has been dissolved under that Act; ]

civil proceedings under this Act” means—

( a) proceedings for the making, variation or discharge of a safety order or a barring order,

( 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,

( 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,

( d) any proceedings by way of appeal or case stated which are related to proceedings to which paragraph (a), (b) or (c) applies;

the court” means the Circuit Court or the District Court;

dependent person”, in relation to the applicant or the respondent or both of them, as the case may be, means any child—

( a) of the applicant and the respondent or adopted by both the applicant and the respondent under the Adoption Acts, 1952 to 1991, or under an adoption deemed to have been effected by a valid adoption order by virtue of section 2, 3, 4 or 5 of the Adoption Act, 1991, or in relation to whom both the applicant and the respondent are in loco parentis, or

( b) of the applicant or adopted by the applicant under the Adoption Acts, 1952 to 1991, or under an adoption deemed to have been effected by a valid adoption order by virtue of section 2, 3, 4 or 5 of the Adoption Act, 1991, or in relation to whom the applicant is in loco parentis, or

( c) of the respondent or adopted by the respondent under the Adoption Acts, 1952 to 1991, or under an adoption deemed to have been effected by a valid adoption order by virtue of section 2, 3, 4 or 5 of the Adoption Act, 1991, or in relation to whom the respondent is in loco parentis, and the applicant, while not in the same relationship to that child for the purposes of this paragraph as the respondent is in, is in respect of that child a person to whom paragraph (b) of this definition relates,

who is not of full age or if the child has attained full age has a physical or mental disability to such extent that it is not reasonably possible for the child to live independently of the applicant;

full age” has the same meaning as it has in the Age of Majority Act, 1985;

functions” includes powers and duties;

F2 [ ]

interim barring order” has the meaning assigned by section 4 ;

protection order” has the meaning assigned by section 5 ;

respondent”, where appropriate, has the meaning assigned by either section 2 or 3 or by both of those sections and where an interim barring order has been made the respondent to the application for the barring order to which the interim barring order relates shall be deemed to be the respondent to the interim barring order and where a protection order has been made the respondent to the application for the safety order or the barring order to which the protection order relates shall be deemed to be the respondent to that protection order;

safety order” has the meaning assigned by section 2 ;

welfare” includes the physical and psychological welfare of the person in question.

(2) ( a) A reference in this Act to a section is a reference to a section of this Act unless it is indicated that a reference to some other Act is intended.

( b) A reference in this Act to a subsection or to a paragraph is to the subsection or paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

(3) Any reference in this Act to any other enactment shall, except where the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment including this Act.

Annotations:

Amendments:

F1

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 91, S.I. No. 648 of 2010.

F2

Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 14 item 1, S.I. No. 887 of 2004.

Editorial Notes:

E3

The Adoption Acts 1952 to 1998 were repealed (1.11.2010) by Adoption Act 2010 (21/2010), s. 7 and sch. 1 part 1, S.I. No. 511 of 2010.