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02nd Jan 2019

Psychological abuse in a relationship now a criminal offence

Dave Hanratty

domestic abuse

“What is promised on paper must be fully resourced to be effective in protecting those affected by domestic violence.”

Psychological abuse in a relationship will now be deemed a criminal act in accordance with new domestic violence legislation.

As outlined by Minister for Justice Charlie Flanagan, the Domestic Violence Act 2018 will allow victims of domestic violence to apply for an emergency barring order which will last up to eight working days in cases where there is an immediate risk of harm.

Introduced as of Tuesday 1 January 2019, the act centres on a number of reforms including safety orders made available to those in intimate relationships but not cohabiting with partners.

The Domestic Violence Act will also permit victims to provide evidence via video link both in civil and criminal matters. Victims may also request accompaniment by a person of their choosing during civil hearings.

Minister Flanagan spoke of the “devastating” consequences of abuse, noting that domestic violence has been viewed primarily as physical abuse “for too long”.

“The new offence of coercive control recognises that the effect of non-violent control in an intimate relationship can be as harmful to victims as physical abuse because it is an abuse of the unique trust associated with an intimate relationship,” said Minister Flanagan.

“Another important provision will ensure that an intimate relationship between victim and perpetrator must be regarded as an aggravating factor in sentencing for a wide range of offences.

“This new provision sends a message that society will no longer tolerate the appalling breach of trust committed by one partner against the other in an intimate context.”

In addition to the above, Irish courts will now have the possibility of proposing that a perpetrator of domestic violence engages with tailored counselling services, while a new criminal offence of forced marriage will also be introduced.

Women’s Aid Ireland promised to “monitor the impact” of the provision via their ongoing Sentencing Watch project, with a report due in September of this year.

“From today, women must feel change quickly,” they said in a statement on Twitter.

It must be positive, it must be practical and it must make them and their children safer from abuse.

“What is promised on paper must be fully resourced to be effective in protecting those affected by domestic violence.”

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