Domestic Violence Act 2018


Number 6 of 2018


DOMESTIC VIOLENCE ACT 2018

REVISED

Updated to 10 February 2021


This Revised Act is an administrative consolidation of the Domestic Violence Act 2018. 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 the Health (Amendment) Act 2021 (1/2021), enacted 7 March 2021, and all statutory instruments up to and including the Harassment, Harmful Communications and Related Offences Act 2020 (Commencement) Order 2021 (S.I. No. 53 of 2021), made 9 February 2021, 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 6 of 2018


DOMESTIC VIOLENCE ACT 2018

REVISED

Updated to 10 February 2021


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

This Act is not collectively cited with any other Act.

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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1972, 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

Harassment, Harmful Communications and Related Offences Act 2020 (32/2020)

Fines Act 2010 (8/2010)

All Acts up to and including Health (Amendment) Act 2021 (1/2021), enacted 7 March 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Domestic Violence Act 2018 (Commencement) Order 2018 (S.I. No. 532 of 2018)

All statutory instruments up to and including Harassment, Harmful Communications and Related Offences Act 2020 (Commencement) Order 2021 (S.I. No. 53 of 2021), made 9 February 2021, were considered in the preparation of this revision.


Number 6 of 2018


DOMESTIC VIOLENCE ACT 2018

REVISED

Updated to 10 February 2021


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

REVISED

Updated to 10 February 2021


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

[8 th May, 2018]

Be it enacted by the Oireachtas as follows: