OpenDoor Network

‘An impressive publication that will be a reference for years to come’ – Kerryman Newspaper

ccasey — Tue, 01 May 2012 12:59:16 +0000

Open Secret – Breaking the Silence on Violence against Women and Children has been making waves as a recent a recent finalist in the Kerry Community Awards the ‘Kerryman’ Newspaper described it as ‘An impressive publication that will be a reference for years to come, Kerry Response to Violence against Women and Children certainly impressed Judges at this year’s Kerry Community Awards.

Speaking out on the issue of domestic and sexual abuse is challenging but a challenge that has been taken up by Kerry’s own network on violence against women and children. They have collected articles, stories and poems from both survivors of abuse and activists from the sector. All contributors gave their articles freely in the aim that this book will raise awareness of the services available to women and children in crisis in our County and in Ireland, as well as encouraging a positive community response for any woman or child who discloses that they have experienced intimate violence in their life, be it physical, emotional or sexual abuse. It’s aim is to provide a resource for students of social studies, youth and community, legal studies, social care and community/rural development and facilitate a positive response to disclosures of intimate violence.

Open Secret – breaking the silence on violence against women and children, is a contemporary look at the issues of domestic and sexual violence, its impact on families, communities and society. It is essential reading for everyone who cares about equality. This collection of writings will inspire an examination of our responses to women and children who live with the effect of abuse.

The Open Door Network is Kerry’s response to Violence against Women and Children. Since 1996 our members have worked together to inform, support and build a co-ordinated community response to Violence against Women across Kerry. This publication aims to share our learning and harness the experiences of survivors, supporters and service providers. Miriam O’Callaghan – Presenter has endorsed ‘the publication stating that ‘it is a must read for anyone serious about examining the issue of violence against women and children. She has called it a collection of thought provoking emotional and sometimes controversial writings that display the writers’ passions, beliefs and experiences’.

The book was officially launched by Susan McKay - Journalist and then Director of the National Women’s Council who is one of the contributors. Other contributors include; Professor Linda McKie, Colm Dempsey, Don Hennessy, Vera O’Leary, Annamarie Foley, Catherine Casey, Rita Fagan, Eimear Fisherr with a foreword by Finlay. It also contains quotes and stories from survivors of abuse. Since its launch the publication has received interest from colleges, IT’s education services and community and voluntary organisations both nationally and abroad including Scotland, Wales and the USInformation on this publication and other projects including this year’s conference are available on www.opendoornetwork.net

If you are affected by any of these issues please speak to one of these agencies;

ADAPT – Kerry’s Womens Refuge and Support Services – 066 7129100

Kerry Rape & Sexual Abuse Centre – 1800 633 333

Tralee Women’s Resource Centre – 066 71 20622

New Report on Children’s Social and Emotional Well-Being Launched

ccasey — Mon, 26 Mar 2012 11:05:59 +0000

The National Longitudinal Study of Children published a new report from the study on how families matter for children’s social and emotional well-being. The report was launched by the Minister for Children and Youth Affairs, Frances Fitzgerald, TD on Thursday March 8th. Growing up in Ireland – How Families Matter for Social and Emotional Outcomes of 9-Year-Old Children explores how children in Ireland are faring in terms of their social and emotional well-being. It examines the links between what goes on within the family, such as parenting, the quality of the parent-child relationship, parental depression and marital satisfaction, and children’s social and emotional development. The report also looks at the extent to which children’s outcomes differ according to family structure and social-class background.

The findings are based on data from the first round of interviews with 8,500 nine-year-old children as well as interviews with their parents, teachers and principals. Interviewing took place from September 2007 to June 2008. Now that they have turned 13 years of age these children, and their families, are currently taking part in a follow-up interview. (A full download of the report and the executive summary can be found athttp://www.growingup.ie/childpublications).

Key findings include:

• The majority of nine-year-olds are developing well without any significant social, emotional or behavioural problems. Approximately 15% – 20% of children were classified as showing significant levels of emotional or behaviour problems.

• Girls were more likely than boys to have problems of an emotional nature (like feeling anxious or sad) while boys were more likely than girls to have problems of a behavioural nature (like fighting with others or being hyperactive). In general, boys display more difficulties overall.

• The style of parenting adopted by parents and the quality of the parent-child relationship were associated with social and emotional outcomes. Children whose parents used an authoritarian parenting style (a high level of control combined with a low level of support for the child) had more difficulty, as did children whose parents were neglectful (a low level of control combined with a low level of support for the child).

• Children who experienced high levels of conflict with their mothers and fathers displayed more social and emotional difficulties.

• Mother-child closeness was important for girls’ social and emotional outcomes but not for boys. Levels of closeness between children and their fathers did not predict social and emotional problems.

• Parents’ psychological well-being and the quality of the relationship between parents matters for children’s social and emotional development. Parent-child conflict was higher in situations where mothers and fathers had experienced depression, and where mothers and fathers were dissatisfied in their relationship with each other.

• Mothers’ depression and marital satisfaction were associated with difficulties for children, but this was largely due to the knock-on effect on the mother-child relationship. Fathers’ depression and marital satisfaction were not directly related to children’s difficulties.

• Certain inherent characteristics of children make them more vulnerable than others to having poor social and emotional outcomes. Children who are highly emotional or react intensely when they get upset displayed more negative outcomes. Nine-year olds who have a chronic illness are more likely to have higher levels of social and emotional problems.

• Children in single-parent households and in more economically disadvantaged families displayed higher levels of social and emotional problems. However, the associations were small, once child characteristics and parenting were accounted for. Coming from a lower socio-economic background or single-parent family may increase a child’s risk for poorer social and emotional outcomes. However, processes within the family and child characteristics remain the most important predictors of children’s social and emotional outcomes.

Speaking at the event the Minister for Children and Youth Affairs, Frances Fitzgerald TD said: “The report confirms what we already know. The quality of family relationships and factors within the home impact hugely on children’s development. Good parenting is crucial for children’s outcomes and that is why this Government is committed to helping parents ensure their child gets the best start in life. It is with this in mind that I have prioritised support for families and parents, in particular those who may be facing periods of difficulty or trouble.”

Also speaking at the launch, the report author, Dr Elizabeth Nixon, Lecturer in Developmental Psychology at Trinity College Dublin said: “Children display individual differences in their risk of experiencing social and emotional problems. Some of this risk may be due to the child’s nature, but what goes on within the family has a very important role to play. The quality of parent-child relationships and in particular children’s conflict with mothers and fathers represents a significant risk for their psychological well-being. Children can also be affected by other things that happen in the family, such as maternal depression, marital dissatisfaction, and economic disadvantage, but children can be buffered from the potentially negative influence of these factors if a positive parent-child relationship can be maintained.”

Growing Up in Ireland is a Government funded study following the progress of almost 20,000 children and their families – a Child Cohort of 8,500 children interviewed at nine years and 13 years of age and an Infant Cohort of 11,100 children participating at nine months and three years of age. The study is being conducted by a consortium of researchers led by the Economic and Social Research Institute (ESRI) and the Children’s Research Centre, Trinity College Dublin. Those wishing to find out more about the study or today’s event can visit the study’s website www.growingup.ie

Date for your Diary

ccasey — Mon, 27 Feb 2012 17:01:44 +0000

Our annual conference on the issue of Violence against Women and Children will be held in Tralee on Friday 23rd November 2012. Mark the date in your diary now to ensure you attend this exciting and informative day. For further information contact opendoornetwork@eircom.net

Gender Equality – ending widespread violence against women

ccasey — Wed, 08 Feb 2012 12:40:08 +0000

GENDER EQUALITY

Ending Widespread Violence Against Women

Around the world, as many as one in every three women has been beaten, coerced into sex, or abused in some other way – most often by someone she knows, including by her husband or another male family member; one woman in four has been abused during pregnancy.

“Violence against women both violates and impairs or nullifies the enjoyment by women of their human rights and fundamental freedoms… In all societies, to a greater or lesser degree, women and girls are subjected to physical, sexual and psychological abuse that cuts across lines of income, class and culture.”

—Beijing Declaration and Platform for Action, paragraph 112

Gender-based violence both reflects and reinforces inequities between men and women and compromises the health, dignity, security and autonomy of its victims. It encompasses a wide range of human rights violations, including sexual abuse of children, rape, domestic violence, sexual assault and harassment, trafficking of women and girls and several harmful traditional practices. Any one of these abuses can leave deep psychological scars, damage the health of women and girls in general, including their reproductive and sexual health, and in some instances, results in death.

Violence against women has been called “the most pervasive yet least recognized human rights abuse in the world.” Accordingly, the Vienna Human Rights Conference and the Fourth World Conference on Women gave priority to this issue, which jeopardizes women’s lives, bodies, psychological integrity and freedom. Violence may have profound effects – direct and indirect – on a woman’s reproductive health, including:

Unwanted pregnancies and restricted access to family planning information and contraceptives
Unsafe abortion or injuries sustained during a legal abortion after an unwanted pregnancy
Complications from frequent, high-risk pregnancies and lack of follow-up care
Sexually transmitted infections, including HIV
Persistent gynaecological problems
Psychological problems

Gender-based violence also serves – by intention or effect – to perpetuate male power and control. It is sustained by a culture of silence and denial of the seriousness of the health consequences of abuse. In addition to the harm they exact on the individual level, these consequences also exact a social toll and place a heavy and unnecessary burden on health services.

UNFPA recognizes that violence against women is inextricably linked to gender-based inequalities. When women and girls are expected to be generally subservient, their behaviour in relation to their health, including reproductive health, is negatively affected at all stages of the life cycle.

UNFPA puts every effort into breaking the silence and ensuring that the voices of women are heard. At the same time, the Fund works to change the paradigm of masculinity that allows for the resolution of conflict through violence. One strategy is to engage men – policy makers, parents and young boys — in discourse about the dynamics and consequences of violence.

As the chart below shows, women may face different forms of violence at different stages of their lives.

Gender discrimination throughout a woman’s life

Phase	Type
Prenatal	Prenatal sex selection, battering during pregnancy, coerced pregnancy (rape during war)
Infancy	Female infanticide, emotional and physical abuse, differential access to food and medical care
Childhood	Genital cutting; incest and sexual abuse; differential access to food, medical care, and education; child prostitution
Adolescence	Dating and courtship violence, economically coerced sex, sexual abuse in the workplace, rape, sexual harassment, forced prostitution
Reproductive	Abuse of women by intimate partners, marital rape, dowry abuse and murders, partner homicide, psychological abuse, sexual abuse in the workplace, sexual harassment, rape, abuse of women with disabilities
Old Age	Abuse of widows, elder abuse (which affects mostly women)

Source: Heise, L. 1994. Violence Against Women: The Hidden Health Burden. World Bank Discussion Paper. Washington. D.C. The World Bank

Violence at home

Most domestic violence involves male anger directed against their women partners. This gender difference appears to be rooted in the way boys and men are socialized — biological factors do not seem to account for the dramatic differences in behaviour in this regard between men and women.

Pregnant women are particularly vulnerable to gender-based violence. Some husbands become more violent during the wife’s pregnancy, even kicking or hitting their wives in the belly. These women run twice the risk of miscarriage and four times the risk of having a low birth-weight baby.

Cross-cultural studies of wife abuse have found that nearly a fifth of peasant and small-scale societies are essentially free of family violence. The existence of such cultures proves that male violence against women is not the inevitable result of male biology or sexuality, but more a matter of how society views masculinity.

Gender and violence

Studies of very young boys and girls show only that, although boys may have a lower tolerance for frustration, and a tendency towards rough-and-tumble play, these tendencies are dwarfed by the importance of male socialization and peer pressure into gender roles.

The prevalence of domestic violence in a given society, therefore, is the result of tacit acceptance by that society. The way men view themselves as men, and the way they view women, will determine whether they use violence or coercion against women.

UNFPA recognizes that ending gender-based violence will mean changing cultural concepts about masculinity, and that process must actively engage men, whether they be policy makers, parents, spouses or young boys.

Sexual assault

The majority of sexual assault victims are young. Women in positions of abject dependence on male authorities are also particularly subject to unwanted sexual coercion. Rape in time of war is still common. It has been extensively documented in recent civil conflicts, and has been used systematically as an instrument of torture or ethnic domination.

Now, with precedents set at the International Criminal Tribunal for Rwanda, in Tanzania, and the International Criminal Tribunal for the Former Yugoslavia, at The Hague, for mass rape, other acts such as sexual assault, sexual slavery, forced prostitution, forced sterilization, forced abortion, and forced pregnancy may qualify as crimes of torture, crimes against humanity, and even some as crimes of genocide.

UNFPA responds

Because gender-based violence is sustained by silence, women’s voices must be heard. UNFPA puts every effort into enabling women to speak out against gender-based violence, and to get help when they are victims of it. The Fund is also committed to keeping gender-based violence in the spotlight as a major health and human rights concern.

UNFPA advocates for legislative reform and enforcement of laws for the promotion and the protection of women’s rights to reproductive health choices and informed consent, including promotion of women’s awareness of laws , regulations and policies that affect their rights and responsibilities in family life. The Fund promotes zero tolerance of all forms of violence against women and works for the eradication of traditional practices that are harmful to women’s reproductive and sexual health, such as rituals associated with puberty.

As part of its work to counter gender-based violence, UNFPA has supported training of medical professionals, to make them more sensitive towards women who may have experienced violence and to meet their health needs. Pilot interventions have been tested in 10 countries-Cape Verde, Ecuador, Guatemala, Lebanon, Lithuania, Mozambique, Nepal, Romania, Russia and Sri Lanka.

Following consultations with health providers and clients, all women were screened for abuse in some pilot projects. Possible victims have been offered legal, medical and psychological support, and medical referrals when necessary. Attention has been paid to involving communities, and to creating support networks for gender-based violence victims that include both police and health-care providers, along with counselling services.

UNFPA has also held workshops for health providers on recognizing the effects of gender-based violence on women’s health, and on how to detect and prevent abuse and assist victims. These have stressed the need for confidentiality and monitoring.

Based on this experience, UNFPA has produced a manual, A Practical Approach to Gender-based Violence, which has been translated into seven languages.

Additional strategies the Fund employs to address gender-based violence include:

Ensuring that emergency contraception is available for victims of sexual violence
Strengthening advocacy on gender-based violence in all country programmes, in conjunction with other United Nations partners and NGOs
Advocating for women with parliamentarians and women’s national networks
Integrating messages on the prevention of gender-based violence into information, education and communication projects
Conducting more research on gender-based violence

Resource Kit

The Law – Republic of Ireland Law on Sexual Violence

ccasey — Mon, 30 Jan 2012 11:34:03 +0000

The Law

Republic of Ireland Law on Sexual Violence

(please click here to go to Northern Ireland Law)

Common Law rape

This is defined in section 1 of the Criminal Law (Rape) Act, 1981(as amended). It says that a man commits rape if he has sexual intercourse with a woman who does not consent and, at the time, he either knows that she does not consent or is reckless as to whether or not she consents. Common law rape can only be committed by a man against a woman. However, a woman may be found guilty of common law rape as an accessory, if she has assisted a man to commit rape. The maximum penalty is life imprisonment.

Section 4 rape

This takes its name from Section 4 of the Criminal Law (Rape) (Amendment) Act 1990. It involves penetration (however slight) of the anus or mouth by the penis (known as Section 4(a) rape), or penetration (however slight) of the vagina by an object held or manipulated by another person (known as Section 4(b) rape).

Section 4(a) rape can only be committed by a man, against either a man or a woman. Section 4(b) rape can only be committed against a woman, but by either men or women. The maximum penalty for both types of rape is life imprisonment.

Aggravated sexual assault

This is defined in sections 2 and 3 of the Criminal Law (Rape) (Amendment) Act, 1990. It is sexual assault involving serious violence or the threat of serious violence, or sexual assault that causes injury or extreme humiliation or degradation. It can be committed by both men and women against a man or a woman.The maximum penalty is life imprisonment.

Sexual assault

This is not defined in the relevant statute. It used to be known as ‘indecent assault’. This offence covers a wide range of conduct, from a brief, non-accidental brush against the genitals or breasts through the clothes to a deliberate and prolonged sexual attack involving attempts at penetration. However, it does not involve additional violence or the threat of additional violence. Sexual assault can be committed by both men and women against a man or a woman.The maximum penalty is 10 years imprisonment.

Underage sexual offences

The age of consent for both heterosexual and homosexual sex is 17. Sexual activity with anyone under 17 is illegal. (However, girls aged 15-17 will not be criminalised for engaging in sexual intercourse). The consent to sex of a girl or boy under 17 is not a defence. However, the defendant can argue that they honestly believed the child was over the age of consent. The maximum penalty for underage sexual activity is 10 years when the child is 15-17 (unless the person who commits the offence is in a position of authority, when it is 15 years). If the child is under 15, the maximum penalty is life imprisonment.

Incest

A man who has sexual intercourse with his grand-daughter, daughter, sister or mother is guilty of incest. A woman who has sexual intercourse with her grandson, son, father or brother is also guilty of incest. Consent is not relevant. The maximum penalty is life imprisonment.

Northern Ireland Law on Sexual Violence

In Northern Ireland, sexual offences have been consolidated into the Sexual Offences (Northern Ireland) Order 2008, which came into force in January 2009. See www.opsi.gov.uk

Rape

Rape is defined as the intentional penetration of the vagina, anus or mouth by the penis without consent. Rape can only be committed by a man. The maximum penalty is life imprisonment.

Sexual assault

There are two offences of sexual assault:

· assault by penetration involves intentional penetration of the vagina or anus by a part of the body or by an object without the person’s consent. It can be committed by men or women against a man or a woman. The maximum penalty is life imprisonment,

· assault by touching another person in a sexual and intentional way without the person’s consent. It can be committed by a man or woman against a man or a woman. The maximum penalty is 6 months if it is tried in the Magistrates’ Court and 10 years if it is tried in the Crown Court.

Causing a person to engage in sexual activity without consent

This is a separate offence and can be tried in either the Magistrates’ Court or the Crown Court, depending on how serious it is. It can be committed by a man or a woman against a man or a woman. The maximum penalty is 6 months if it is tried in the Magistrates’ Court and 10 years if it is tried in the Crown Court. However, the maximum penalty increases to life imprisonment if there is any kind of penetration.

Under-age offences

The age of consent in Northern Ireland is 16. A defendant is guilty of an offence once the act, the child’s age and intention have been proved. Only if the child is 13 or over can the defendant argue that they believed the young person was 16 or over. The maximum penalty for rape or assault by penetration is life imprisonment. The maximum penalty for sexual assault or causing a child to engage in sexual activity is 14 years.

More Information on the legal system and process

Safety Plans

ccasey — Mon, 30 Jan 2012 11:24:59 +0000

Safety Plan

If you are in an abusive relationship, having a Safety Plan worked out in advance can help you get out of the home safely and quickly if necessary. It is helpful to work through the steps, even if things are going smoothly. Bring your Safety Plan with you if you need to leave in a hurry.

Step One:

Think about:

Where you can go to make a telephone call;
A safe place where you can stay in an emergency. This may be with a friend or relative, a woman’s refuge, a hotel or a B&B.
The telephone number of the safe place;
How to get to the safe place. Decide how you will get there at different times of the day and night;
The number of a local taxi firm;
What to tell the children, and how to tell it to them, when you need to put the Safety Plan into action.
The National FREE Helpline is 1800 341900. Refuges also operate 24 hour Helplines.Click here to get details of one near to you.

Step Two:

Write down:

Important phone numbers
Your PRSI/PPS or Claim Number
Your family’s essential medicines
Your Child Benefit Book Number

Useful Phone Numbers:

Taxi:
Health Centre (CWO):
Doctor:
Social Welfare Office:
Garda Station:
Housing Department:
Law Centre/Solicitor:
Women’s Refuge/ Support Service:
District Court:
Rape Crisis Centre:

Step Three:

Collect together the following items. Hide them somewhere you can get to them in a hurry.

Enough money to get to a safe place by bus or taxi;
An extra set of keys for your home;
An extra set of keys for your car;
Extra clothes for you and your children.

It may be a good idea to put them in a bag and store it with a friend.

Step Four:

Think about where you can find the following items in a hurry. Have a bag ready.

School uniforms and some of your children’s things;
Essential medicines;
The health board and social welfare require personal identification and evidence to assess your entitlement, e.g.:
Any court orders
Claim’s book
Marriage certificate
Bank details
RSI/PPS card
Medical card
Birth certificates
Pay slips

Step Five:

If you can, discuss your Safety Plan with a trusted friend so they can support you if you need to put it into action.

Keep your safety plan in a safe place. Ideally, somewhere you can get it quickly if you need to leave in a hurry.

The above Safety Plan is taken mainly from the booklet ‘Lean on Me, an information guide for women living with domestic violence’ and has been reproduced with the kind permission of ADAPT Services, Limerick

Information on Guardianship

ccasey — Mon, 30 Jan 2012 10:11:01 +0000

Guardianship

Relevant court forms

What is guardianship?

Guardianship means the rights and duties of parents in respect of the upbringing of their children. A guardian has the right to make all major decisions affecting the child’s upbringing, including choice of school, medical treatment, religious matters, health requirements and decisions about leaving the country. Guardians are responsible for the welfare of the child. Welfare includes the moral, intellectual and physical wellbeing of the child and where there is property held on behalf of the child, it includes the proper administration of such property.

Who can be a guardian?

The natural mother of a child is automatically a guardian of the child. Whether the father of a child is an automatic guardian depends on his relationship with the mother.

The married mother and father of a child are the most common guardians and they are so entitled by virtue of section 6(1) of the Guardianship of Infants Act, 1964. However, for the father to have guardianship status, the parties must be married at the time of the birth of the child. Alternatively, he can aquire guardianship status if the parties marry after the birth of the child.

Can a father who is not married to the mother of his child become a guardian?

Yes. The natural father of the child can apply to the court under section 6A of the Guardianship of Infants Act, 1964 (as inserted by section 12 of the Status of Children Act, 1987) to be appointed guardian.

If the mother agrees to the father becoming a guardian there is no need to go to court. In this case both parents must complete a statutory declaration in the presence of a Peace Commissioner (Guardianship of Children (Statutory Declaration) Regulations, 1998 (S.I. No. 5 of 1998). This declaration states the name of both parents, that they are unmarried and that they agree to the father being appointed as a joint guardian. They then become joint guardians of the child. The declaration also states that the parents have agreed arrangements regarding custody and access. Where there is more than one child, a separate declaration must be made for each child.

If the mother does not agree to the father becoming the child’s guardian, then the father can apply to the court to be appointed as a joint guardian. This is possible, whether or not his name is on the child’s birth certificate.

Can other people apply for guardianship?

Yes, in certain circumstances, for example where a child has no guardian.

Guardians may also be appointed under a parent’s will or by court order. If a guardian appointed by a will (called a ‘testamentary guardian’) dies or refuses to act, the court can appoint a guardian to act jointly with the surviving parent. Guardians who have been appointed by will or by court order may also be removed.

How to make an application for guardianship

Most applications for guardianship are made in the District Court. You can engage a solicitor to make an application on your behalf or you can make the application yourself. In certain circumstances you may be entitled to legal aid.

If you choose not to engage a solicitor you will need to contact the District Court office in the area where you or the respondent live. You must complete and lodge the relevant court forms in the court office. Court staff will identify the forms you need to make your application but cannot tell you what to put in the forms.

Notice of the application must be served on the respondent at least fourteen days or, in the case of proceedings certified as urgent, at least two days, before the date of the court hearing. After service, the notice, together with a statutory declaration as to service, must be lodged with the District Court clerk at least two days before the court hearing. You must also attend in court on the day to make your application.

Where the District Court makes an order under the Act, the court clerk will give, or send by ordinary post, a copy of the order made to each person in whose favour or against whom the order was made.

Court forms

District Court: S.I. No.125 of 1999:District Court (Custody and Guardianship of Children) Rules,1999

Form 58.1: Notice of application a father to be appointed a guardian – section 6A
Form 58.9: Notice of application to appoint guardian(s) – section 8(1)
Form 58.11: Notice of application to remove guardian from office and appoint another – section 8(4) and 8(5)
Form 58.21: Notice of application to vary or discharge an order – section 12
Form: 10.1 Statutory Declaration As To Service By Registered Prepaid Post Pursuant To (Section 7 Of The Courts Act, 1964) / (Section 22 Of The Courts Act, 1991)
Form: 10.2 Statutory Declaration As To Service By Prepaid Registered Post Pursuant To Section 7 Of The Courts Act, 1964
Form: 10.3 Statutory Declaration As To Service By Post
Form: 10.4 Statutory Declaration As To Service

Circuit Court: S.I. No.510 of 2001:Circuit Court Rules 2001

Form 37E: Application by a father to be appointed guardian with written consent of mother – section 6A
Form 37F: Statutory declaration of mother – section 6A (3) (a)

S.I. No. 358 of 2008:Circuit Court Rules (Case Progression)

Form 37L: Summons to attend case progression hearing

Form 37N: Case progression questionnaire

High Court: S.I. No. 15 of 1986:Rules of the Superior Courts - Order 70

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Relevant legislation

Article 42 Constitution of Ireland
Guardianship of Infants Act, 1964
Courts Act, 1981
Status of Children Act, 1987
Judicial Separation & Family Law Reform Act, 1989
Family Law Act, 1995
Family Law (Divorce) Act, 1996
Children Act, 1997
Guardianship of Children (Statutory Declaration) Regulations, 1998

Court rules

S.I. No. 93 of 1997:District Court Rules, 1997
S.I. No. 510 of 2001:Circuit Court Rules, 2001
S.I. No. 312 of 2007: Circuit Court Rules (General), 2007
S.I. No. 358of 2008: Circuit Court Rules (Case Progression in Family Law Proceedings), 2008
S.I. No. 15 of 1986: Superior Court Rules

Page updated: 14 December 2011

Domestic Violence Information

ccasey — Thu, 26 Jan 2012 12:52:47 +0000

Domestic violence

Relevant court forms
How to make an application

What is domestic violence?

Domestic violence is any form of physical, sexual and psychological violence which threatens the safety or welfare of family members and certain persons in domestic relationships. Physical or sexual violence against a family member is a crime.

Domestic violence legislation protects spouses/civil partners and children and offers legal remedies to dependent persons, and persons in other domestic relationships where their safety or welfare is at risk because of the conduct of the other personin the relationship. It also gives An Garda Síochána powers to arrest without warrant where there is a breach of a court order.

What orders can the court make?

Safety order

A safety order prohibits the person against whom the order is made (the respondent) from engaging in violence or threats of violence. It does not oblige that person to leave the family home. If the person does not normally live in the family home, it prohibits them from watching or being in the vicinity of where the person applying for the order (the applicant) and dependent children lives. A safety order can be made for up to five years.

Barring order

A barring order requires the respondent to leave the family home and stay away from the family home of the applicant and/or dependent children. It may also include terms prohibiting the respondent from using or threatening to use violence. A barring order can be made for up to three years.

Once a summons has been issued for a safety order or a barring order the applicant can apply for a protection order or an interim barring order while waiting for the application to be heard in court.

Protection order

This is a temporary safety order. It gives protection to the applicant until the court decides on a safety or barring order application. It is intended to last until the case is heard and a decision made. It does not oblige the respondent to leave the family home.

Interim barring order

This is a temporary barring order. It is intended to last until the barring order application is heard in court and a decision made. Under the Domestic Violence Act, 2002 a full court hearing must take place within eight working days of the granting of an interim barring order. The Court must be of the opinion that there are reasonable grounds for believing there is an immediate risk of significant harm to the applicant or any dependent person if the order is not made immediately and the granting of a protection order would not be sufficient to protect theapplicant or any dependent person.

Who can apply for these orders?

Spouses and former spouses

Spouses and former spouses can apply for orders against each other because of violence towards themselves or towards their children.

Civil partners and former civil partners

Civil partners and former civil partners can apply for orders against each other because of violence towards themselves or towards their children.

Co-habiting couples

Where a couple are not married to each other or are not civil partners of each other but are living together in an intimate and committed relationship, one partner can apply for protection against violence by the other partner. The protection available depends on how long they have been living together and on who owns the family home. If you have been living with your partner for six months during the past nine months you are entitled to apply for a barring order, unless the violent partner owns the family home in full, or has greater ownership rights than you do. If you have lived together in the past , you can apply for a safety order.

Parents

A parent can apply for protection against domestic violence by their own child if the child is over 18. The parent can apply for a barring order, unless the adult child owns the home in full, or has greater ownership rights. The parent can also get a safety order.

Parents of children in common

A parent can apply for an order on the basis that he/she fears for the safety/welfare of a dependant child.
A parent can also apply for a safety order against the other parent of their child because of violence by that parent against them or any of their children.

Others living together

You can apply for protection against violence by someone over 18 who you are living with if the court decides that your relationship is not primarily based on a contract. For example, two relatives living together could be covered. If you come within this heading, the courts will be able to give you a safety order. You will not qualify for a barring order.

Children

Children may apply for orders but an adult or health board must make the application on their behalf.

Health Board

A health board may apply on behalf of a person or that person’s dependent children.

How to make an application
Most applications under the domestic violence legislation are made in the District Court. You can engage a solicitor to make an application on your behalf or you can make the application yourself. You may be entitled to legal aid.

If you choose not to engage a solicitor you will need to contact the District Court office in the area where you or the respondent live. You will need to lodge the relevant court forms in the court office. Court staff will identify the forms you need to make your application but cannot tell you what to put in the forms. When you have completed the necessary form(s) you must lodge them in the District Court for service on the respondent. The forms will be sent to the respondent so that the respondent can attend in court on the day of the hearing. You must also attend in court on the day to make your application.

What if I need protection pending the hearing of my application for a safety order or barring order?

You can apply for a protection order or an interim barring order at any time after you have issued a summons.

You must complete an application form called an ‘information’ providing details including the incidents of violence and the reason why you require protection on an emergency basis. You must swear the ‘information’ on oath before a judge of the District Court who will decide whether your application should be granted.

What happens in court when I apply for a protection order or interim barring order?

Your application will be heard on an ‘ex parte’ basis. This means that the respondent will not have been told that the application is being made and will not be in court.
You must tell the court why you need a protection order or an interim barring order and why the court should make an order without letting the respondent know thatthe application is being heard.

If you are applying for an interim barring order there must be evidence of immediate risk of significant harm to you and/or dependent children if the court does not grant the order immediately.

What happens in court on the day of the full hearing of an application?

The courtroom

On the day of the full hearing both parties can attend in court. The judge sits at a bench facing the parties and the courtroom. The only other person in the courtroom is the clerk of the court who deals with the administration of the case.

Giving evidence

All evidence must be presented to the court orally. This means that witnesses have to attend and give evidence in the witness box.They must be prepared to be cross-examined by the respondent or his/her legal representative who may dispute the evidence. Your solicitor will organise for other witnesses to attend at the hearing, for example Gardaí. If you do not have a solicitor you will have to make the arrangements yourself.

As the applicant you give evidence first. You will be asked to step into the witness box and swear on oath that what you say to the court is the truth. The witnesses, if any, follow. You may or may not need witnesses. However if you think a witness would be helpful to your case you should ask them if they would be willing to go to court and give evidence on your behalf.

Sometimes it is necessary to issue a ‘witness summons’ to secure the attendance of a witness. Where this happens you should apply to the court office for the issue of a witness summons and serve it on the intended witness. You may have to cover reasonable expenses of the witness or provide reasonable compensation for loss of time for attending court to give evidence on your behalf.

The role of the judge

The judge decides based on the evidence that is presented on the day whether a safety order or a barring order should be made and how long any such order should last. The District Court can grant a safety order for up to a five years and a barring order for up to three years.

How is the respondent informed of the making of an order?

The decision of the court is produced in the form of a written document called an ‘order’ and is usually sent by the court office to the respondent by ordinary post.

In the case of protection order or an interim barring order the court usually directs that order be served on the respondent by An Garda Síochána. The interim barring order stays in place until the full hearing of the barring/safety order application.

Should I do anything after the order is made?

The court office will notify the Gardaí of the making of the order by sending a copy to the local Garda station by post. To avoid any delay in notifying the Gardaí you should call to the Garda station immediately after the order has been made, tell them of the making of the order and leave a copy with them.

The Gardaí may need to call to your home at a later stage should there be a breach of the order by the respondent. You should keep a copy of the order with you at all times.

Can I apply for orders not included in my written application?

The court can make other orders where asked to do so without the party being required to make a separate application. For example, you or the respondent may want the court to deal with issues of custody, access and/or maintenance of children. It is therefore advisable to discuss these issues in advance with your solicitor and be prepared to give your views.

What happens if someone breaches the terms of an order?

A breach of any order under the domestic violence legislation is a criminal offence. The Gardaí can arrest and charge a person who breaches such an order.

Court forms

District Court: S.I. No. 20 of 2005: District Court (Domestic Violence) Rules, 2005

Form 59.1: Summons for a safety order
Form 59.3: Summons for a barring order
Form 59.5: Information for an interim barring order
Form 59.7: Information for a protection order

Circuit Court: S.I. No. 510 of 2001:Circuit Court Rules, 2001

Form 2O: Domestic Violence Civil Bill

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Relevant legislation

Family Law (Maintenance of Spouses and Childrens) Act, 1976
Family Law (Protection of Spouses and Children) Act, 1981
Domestic Violence Act, 1996
Non Fatal Offences Against the Person Act, 1997
Family Law (Miscellaneous Provisions) Act, 1997
Domestic Violence (Amendment) Act, 2002
Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010

Court Rules

S.I. No. 510 of 2001:Circuit Court Rules, 2001, Order 59, Rule 5
S.I. No. 312 of 2007: Circuit Court Rules (General), 2007
S.I. No. 93 of 1997:District Court Rules, 1997, Order 59

Page updated: 23 December 2011

New Publication on Violence against Women and Children

OpenDoor — Tue, 10 Jan 2012 14:41:31 +0000

Community Respond to Violence against Women and Children through the power of print.

Speaking out on the issue of domestic and sexual abuse is challenging but one that has been taken up by Kerry’s own network on violence against women and children. Over the past year they have collected articles, stories and poems from both survivors of abuse and activists from the sector. All contributors gave their articles freely in the aim that this book will raise awareness of the services available to women and children in crisis in our County as well as encouraging a positive community response for any woman or child who discloses that they have experienced intimate violence in their life, be it physical, emotional or sexual abuse.
Open Secret – breaking the silence on violence against women and children, is a contemporary look at the issues of domestic and sexual violence, its impact on families, communities and society. It is essential reading for everyone who cares about equality. This collection of writings will inspire an examination of our responses to women and children who live with the effect of abuse.
The Open Door Network is Kerry’s response to Violence against Women and Children. Since 1996 our members have worked together to inform, support and build a co-ordinated community response to Violence against Women across Kerry. This publication aims to share our learning and harness the experiences of survivors, supporters and service providers. Miriam O’Callaghan – Presenter has endorsed ‘the publication stating that ‘it is a must read for anyone serious about examining the issue of violence against women and children. She has called it a collection of thought provoking emotional and sometimes controversial writings that display the writers’ passions, beliefs and experiences’. This project was part funded by COSC- the National Office for the Prevention of Domestic, Sexual and Gender-Based Violence, Citizens Information Board and North and East Kerry Development Ltd.

The 18th November saw the book officially launched by Susan McKay – Journalist and Director of the National Women’s Council who is one of the contributors, the launch took place at the Open Door Networks annual conference ‘Behind Closed Doors’ in Manor West Hotel Tralee. The conference took the opportunity to look at the issues of tackling violence and abuse in families and relationships’ with key note speakers Prof. Linda McKie and Dr. Nancy Lombard and an opening address by Fergus Finlay of Barnardo’s Ireland. Our conference is part-funded by the Tralee Town Council. Further details on the book and the conference are available from www.opendoornetwork.net or from Catherine on 087 6169704.

Order Form for Book

If you are affected by any of these issues please speak to one of these agencies;
ADAPT – Kerry’s Womens Refuge and Support Services – 066 7129100
Kerry Rape & Sexual Abuse Centre – 1800 633 333
Tralee Women’s Resource Centre – 066 71 20622
-
My contact details are;
Catherine Casey
Co-Ordinator
Open Door Network,
Kerry Response to Violence against Women and Children Ltd.
1st Floor CDP, Rock Business Park, Rock Street, Tralee, Co. Kerry
087 6169704 - opendoornetwork@eircom.net

Conference Presentations

OpenDoor — Tue, 14 Dec 2010 13:43:45 +0000

Please find links below to our presentations from this years conference. All are in PDF format.

OpenDoor Network

‘An impressive publication that will be a reference for years to come’ – Kerryman Newspaper

New Report on Children’s Social and Emotional Well-Being Launched

Date for your Diary

Gender Equality – ending widespread violence against women

GENDER EQUALITY

Ending Widespread Violence Against Women

Gender discrimination throughout a woman’s life

Violence at home

Gender and violence

Sexual assault

UNFPA responds

Related Links

Resource Kit

Related Videos

The Law – Republic of Ireland Law on Sexual Violence

The Law

Republic of Ireland Law on Sexual Violence

Common Law rape

Section 4 rape

Aggravated sexual assault

Sexual assault

Underage sexual offences

Incest

Northern Ireland Law on Sexual Violence

Rape

Sexual assault

Causing a person to engage in sexual activity without consent

Under-age offences

Safety Plans

Safety Plan

Step One:

Think about:

Step Two:

Write down:

Useful Phone Numbers:

Step Three:

Step Four:

Step Five:

Information on Guardianship

Guardianship

What is guardianship?

Who can be a guardian?

Can a father who is not married to the mother of his child become a guardian?

Can other people apply for guardianship?

How to make an application for guardianship

Relevant legislation

Court rules

Domestic Violence Information

Domestic violence

What is domestic violence?

What orders can the court make?

Safety order

Barring order

Protection order

Interim barring order

Who can apply for these orders?

Spouses and former spouses

Civil partners and former civil partners

Co-habiting couples

Parents

Parents of children in common

Others living together

Children

Health Board

What if I need protection pending the hearing of my application for a safety order or barring order?

What happens in court when I apply for a protection order or interim barring order?

What happens in court on the day of the full hearing of an application?

The courtroom

Giving evidence

The role of the judge

How is the respondent informed of the making of an order?

Should I do anything after the order is made?

Can I apply for orders not included in my written application?

What happens if someone breaches the terms of an order?

Relevant legislation

Court Rules

New Publication on Violence against Women and Children

Conference Presentations