The Domestic Violence Bill 2017 was passed by Dáil Éireann on 25th April this year. The new Act will replace all other domestic violence legislation once it is signed into law by President Higgins.
So what changes will the new Act bring? Here are some of the main new provisions:
Key Changes Under the Domestic Violence Act
- Wider Court Considerations: The Act sets out a number of factors that the courts must now consider when deciding whether to make an order. These include any history of violence, whether the level of violence has increased, any previous convictions for violent offences, any substance abuse issues, and any animal cruelty issues.
- Expanded Eligibility: The category of person who can apply for a Safety Order or Barring Order has been broadened, with a more detailed definition of what factors the courts can take into account for people who live together.
- Ban on Harassment and Electronic Contact: If a Safety Order or Barring Order is made, it can now include a prohibition on following or communicating with the other person — including by electronic means such as text message, email, or social media. This is a welcome addition that prevents ongoing harassment through digital channels.
- New Emergency Barring Order: The Act introduces an “Emergency Barring Order” for individuals who live in a property but do not have a legal or beneficial interest in it, or who have a lesser interest than the other person. This allows protection even for those without property ownership rights.
- Child Witness Protections: If a person under 18 is giving evidence, the courts can direct that it be given through a live television link. The Act also provides for a child’s views to be considered in certain cases, and for the appointment of an expert to help ascertain the child’s perspective.
- Right to Support in Court: Victims now have the right to be accompanied in court by a support worker from a domestic violence support organisation.
- Court Recommendations: The courts can make recommendations for attendance at counselling, addiction services, perpetrator intervention programmes, or financial planning services, where appropriate.
- New Offence of Forced Marriage: The Act introduces a specific offence making forced marriage illegal in Ireland.
- New Offence of Coercive Control: The Act creates a new offence for behaviour that is controlling or coercive, has a serious effect on the victim (causing fear of violence, serious alarm, or distress with a substantial impact on daily life), and which a “reasonable person” would consider likely to have such an effect.
A Step Forward in Protection
This new legislation marks an important step in protecting victims and addressing the complexities of modern domestic abuse — including psychological, emotional, and digital forms of control. It strengthens the tools available to the courts and gives greater recognition to the experiences of survivors.
Maria O’Donovan & Co. Solicitors welcomes these developments and continues to support individuals seeking safety, guidance, and legal protection under Irish family law.
