Paper Example of the Domestic Violence Act and Domestic Violence in Ireland Case Study

Published: 2022-12-08
Paper Example of the Domestic Violence Act and Domestic Violence in Ireland Case Study
Type of paper:  Case study
Categories:  Violence Law Domestic violence
Pages: 8
Wordcount: 1961 words
17 min read


Domestic violence is the pattern of physical, emotional or sexual abuse between two partners that are in an intimate relationship which has caused or can cause negative consequences for the victim. Julia has been hutting by ben's abuse and mistreatment thus seek legal redress for the abuse. Ben made Julia suffer, experience threats of such acts, coercion and other deprivations of liberty (Allen, Gallagher & Jones, 2006). The domestic violence act of 1996 which was introduced in 1995 has been a point of references in most domestic violence case and commission such as the economizing on the status of women. Then Domestic Violence Act, 1996 and the Domestic Violence (Amendment) Act, 2002 allows Julia to seek divorces in case the husbands do not change and the husband is a major risk factor to the children.

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Q1. Options That Julia Has

Domestic violence is criminalizing in Ireland. Whether the abuse is emotional or physical, Julie has a wide range of options including divorce with child upkeep, divorces without child upkeep, restraining order against the husband Ben or damages for the abuse (Courts Service of Ireland, 2019). The burden of proof remains with Julia because she has to prove that ben has been abusing her (Bozo, 2015). However, while it is easy to divorce, most women decide to remain in abusive marriages for the sake of the children. Julia can seek the following remedies for domestic violence:

  • Barring Orders
  • Safety Orders,
  • Protection Orders

The domestic voice act 1996 made the following legal instrument availed to Julia and other victims of domestic violence. Julia can get a barring order which barres been from coming to the family home for some pre-determined time because he had threatened Julia's life and might come to prove what he meant. The interim order is also another instrument aimed at protecting the victim. Julia can also take a protection order and ear safety order that involves a direct message that to the perpetrators warning him of the consequences if he breaches the orders (News, 2019).

The domestic violence act of 2018 was amended in Ireland to make psychological and emotional abuse a crime if they happen in the intimate relationships whether people are married or not (Ellis & Suckless, 2006). Julia is a victim of the coercive control as ben always humiliate her to strip her of her self-worth and agency. Controlling behaviors of Ben, isolation, and threats if HE violates are some of the damaging abuse that any individual can bear (Coker, 2016). Nonviolent control in marriage is harmful to the victims just the same way the physical abuse is harmful. ben is abusing the unique trust that Julia ad for him. Ben's appalling breach of trust against Julia does not only affect Julia but it also affects the children

The other Option is divorcing. Ben is a narcissist who derives pleasure from being strict and controlling. Julia should pick an attorney to help her file for divorce and defend her in the court of law. Divorcing a narcists is difficult because, for one, Ben is the one working and has the financial means (Haselschwerdt, Hardesty & Hans, 2010). A narcissist is never cooperating which means it will not be easy for Ben to obey the court orders of retraining, protection or barring ben from reaching Julia. It will also be difficult for Julia to divorce john since he has the finances to manipulate Julia (Crowley, 2017).

Q.2. The Provisions of Domestic Violence Act 2018 That Would Benefit Julia One They Are Commenced

Julia is facing significant harassment in the hands of her husband Ben who does seem to respect her and expects her to achieve a level of family standard which they cannot manage. Julia is facing physical and mental abuse from his husband hence the situation is considered as domestic violence (Fox, 2019). The legal aspects of the Domestic Violence Act 2018 contain provisions which are meant to prevent any form of abuse in a domestic setting. Besides, the provisions are meant to intervene in a situation of domestic (McWilliams & Yarnell, 2013). The legal framework in the Act is, therefore, tends to create a society with minimal cases of domestic violence (O'Halloran, 2019). Julia's case is critical since she has been having a hard time as she is abused, the latest case which is physical harassment can be handled by considering the various provisions of the Act which will be of great benefit to her.

The Law Will Prove That the Abuse Is Not for Julia’s Best Interest

The Act states that there will be no defense for the oppressor if the treatment does serve the best interest of the victim. For the case in question, Ben harassed Julia when it was not meant for her best interest. The provision of the law will favor Julia since Ben will not be able to prove that his behavior against his spouse was objectively reasonable (Shirwadkar, 2004). Julia has always in her full capacity ever since Ben has been molesting her; she has not been having a form of mental illness or medical condition. In this context, Ben's behavior will not be considered controlling, hence not reasonable circumstances and therefore contribute to domestic violence. Ben has rather caused Julia to fear violence, therefore, will not be any form of defense to him, hence reference to the law will be of great benefit to Julia instead.

The Possibility of Declaration of the Occupation Order

An occupation order in this context provides that the abuser is ordered to live the place of residence for a specified period so that he or she is unable to contact with the victim which can lead to further abuse (Flemming, 2003). Julia may have the opportunity to live in peace and have a life free of a form of oppression since the husband may be forced to live the family home and taken somewhere far from where the currently live. This will be beneficial to Julia now that the presence of her husband in the home and house remains the source of all her problems and which significantly deny her a peaceful life. In such circumstance, Ben will not be given the opportunity or option to choose whether to stay or leave but will be forced out in the form of arrest

Accommodation Elsewhere to Avoid Harassment

The act also provides that once the case of abuse has been confirmed to have occurred or has been occurring, the victim can be allowed to choose whether to stay in the family or to flee. This is because domestic violence has been currently associated with significant effects which can even to the death of the partners (Molina, 2001). The victim is therefore given the opportunity to consider the impact of the domestic abuse, can decide to leave, and will be cleared to do so. For the case of Julia, she may be asked if she would wish to leave and settle somewhere at which she would be free of the domestic oppression (Urquhart, 2013). Is she opting to live, the authorities will willingly settle her somewhere to stay temporarily? The victim may later be allowed to enter or to be away when the abuser will have been excluded.

Immediate Intervention for the Survivors

Julia must have been injured in the encounter with the abusive mishandling by her husband. She, being a survivor of the violence, her case is covered in this provision. The Act provides that there should be a positive intervention to such cases to help the victim recover from the negative effects of domestic violence. Julia may, therefore, have the opportunity to get protection from the abusive situation. The authority may, therefore, engage in sensitive and timely support for her case by responding fast to her condition. This can be accomplished by engaging with the relevant civilian specialist and service organizations. This provision is based on the necessary care that Julia may need to restore her condition since the abuse could have been of great disadvantage to her health

Refuge for Survivors and Their Children

Once the case between Julia and her husband is commenced, the local authority and the other applicable bodies may be involved in finding somewhere safe from the abused individual and the children if they are also affected (Wagers & Wareham, 2019). This provision by the Act is targeted towards appealing to the needs of the survivors and their children. Since Julia is being affected by the abusive husband's mistreatments, the disruption caused is probably affecting the children as well. The children may be settled somewhere along with the mother for their safety.

The Domestic Violence Act 2018 Gone Far Enough in Addressing Domestic Violence in Ireland?

The domestic violence act 2018 have replaced the domestic violence act 1996, and through this, it has generally brought several significant changes and amendments that have been lobbied for by the women's aid for quite a very long time (Shirwadkar, 2004). The domestic violence act 2018 has gone ahead to address the factors that the court needs to address in case it is deciding any kind of an application for any particular order the current domestic violence act. The factor to be considered under the current act that has greatly worked in addressing the shortcoming of the current regime includes:

  • The history of violence of the particular respondent towards any dependent person or the applicant, for example, a child
  • Any kind of destruction or damage to the personal properties of an individual, the dependent person or the response to any place that the; dependent person or the applicant resides
  • Any form of action of that particular respondent not being a criminal offense and that stands at a position of instilling fear on the dependent person about his or her safety and welfare
  • Any kind or form of interferences that might result in the psychological. Physical or even the emotional welfare of that particular person that can be brought about the behavior of the respondent (Wagers & Wareham, 2019)
  • A proper consideration needs to give out and this should entail whether the application is economically considerable to the respondent
  • Keen observation should be taken whether the respondent has been in any way engaged in any addiction services, counseling or any form of financial planning services (Shirwadkar, 2004)
  • Eligibility or orders as given in the domestic violence act 2018

There are several changes to the eligibility of the orders and this is given below. Safety and the protection of orders. The most significant changes now are that all partners in any kind of intimate relationship are now eligible for the given safety and the required protective orders without any kind of need of cohabitation within the relationship. Therefore, within the act, the following are eligible for the protection and safety as far as the rule of law is concerned:

  • The civil partners and the spouses (Shirwadkar, 2004)
  • All parents who are having a child in common
  • All partners who are generally in an intimate relationship and this includes cohabitating and dating partners (Shirwadkar, 2004).
  • People who are living with the respondents in a form of a noncontractual relationship
  • The new measure to improve the experience and the process of the court proceedings

The given domestic violence act 2018 generally provides quite a number of reliable measures that will improve the experience of the women, in any case, they go to court. This generally adds to the measures that are given out by the victims of eth crime act. Any court proceeding or services will make it a rule to provide information that supports service for the victims of domestic violence. Evidence in this particular case is allowed to be given out in form of a video so as avoid intimidation.

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