Katie Dawson is a Barrister in General Practice, particularly Family, Child & Criminal Law. She is Vice Chair of the Irish Criminal Bar Association (ICBA), a PILA volunteer and author of Road Traffic Law Handbook 2010 and contributing author to Electronic Evidence (LexisNexis Butterworths, 2012)
People often describe violence in the home as “just a domestic". They are anything but. They are regularly dismissed as “a row” by neighbours and friends who, reluctant to interfere or involve themselves in other people’s private relationships, turn and look away. If these incidents were to take place on any public street in Ireland, and the victim was a stranger, the perpetrator would face criminal charges. If it happens in your own home, in the place where you should feel most safe and secure, it is considered by many to be a “private family” matter. Victims indicate that even in 2013 Gardaí are often unsure or reluctant to intervene. The perpetrator takes this as a tacit permission to continue.
The legislation that addresses domestic violence in Ireland is the Domestic Violence Act 1996. It allows for people in specified married or cohabiting relationships to obtain a Barring, Safety and/or Protection Orders. Subsequent amendments now permit parents to seek a safety order against their child’s other parent, irrespective of the current relationship between the parents; and same sex relationships are now covered by the legislation. While the 1996 Act, as amended, does offer some important legal protections many, including Women’s Aid, have identified significant shortcomings in Ireland's existing legislative framework.
Domestic violence can and does occur where there is a relationship of intimacy, irrespective of whether parties are co-habiting. The legislation should allow people who are not living together to seek a safety order. The 1996 Act does not provide for Emergency Orders, nor does it address the serious issue of stalking or harassment where parties are not in an intimate relationship. The 1996 Act does not provide for non-harassment or restraining orders. Furthermore, Ireland is one of the few countries in Europe which has still not signed the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence. The Government has recently indicated it is unlikely to do so during the course of their EU Presidency.
While it is often seen as an issue which primarily affects women, domestic violence is not a women’s issue. It can and does affect men, women and children. It is not and never was a “private family matter”. It is a human rights issue and as a society we need to start recognising this. Unlike other violent crimes, which can be isolated incidents, domestic violence has a very high rate of repeat offending. The State, the courts and the Gardaí have a responsibility to prevent and combat incidents of domestic violence and to further recognise the real link between incidents of domestic violence and those of serious sexual assault and homicide. Between 1996 and 2013, 190 women were murdered in Ireland - 61% in their own homes and 54% by their current or former partner. Almost one quarter of all reported sexual assaults against women were perpetrated by their current or former partner.
Domestic violence is a very serious human rights issue in Irish society. Gardaí need to take reports of domestic violence seriously and take proactive steps to protect victims. Our legislation also needs to be amended to reflect the gravity of the situation and to ensure we finally offer real, substantive protection to all those categories of persons who are at risk.
It’s not just a “domestic”. It never was.