Domestic violence is the most common crime among children today. Although its frequency is largely underestimated, it affects one in four or five families depending on the country. Perpetrators of violence are often not prosecuted and the frequency of prosecutions varies from country to country. Currently in Ireland, all persons accused of breaching a domestic violence protection order can only be prosecuted summarily in the District Court. This is one of the reasons why the Green Party has proposed new legislation that will increase protections for victims of domestic violence by increasing penalties for violating a domestic violence-related court protection order.
A cross-party bill entitled Domestic Violence (Amendment) Bill 2024, introduced by Green Party senator Vincent P Martin and was debated in the Seanad, proposed to increase the punishment for breaching such court orders, from the current maximum sentence of 12 months to 5 years. The bill provides that the prosecution, in appropriate cases, to bring the more serious indictable charge
“The bill focuses on providing victims with safety, security and peace of mind knowing that the order obtained in court will have a more real meaning and protective impact,” said Senator Martin.
Sarah Benson, CEO of Women’s Aid, said there are “situations of multiple breaches of orders” and the bill represents a more updated response to a very concerning problem.
Keith Walsh SC, barrister and co-author of a soon-to-be-published book titled ‘Domestic Violence: Law and Practice in Ireland’, which supports this proposed legislative initiative, said that in 2022, 10,000 protection orders have been obtained in matters of domestic violence. related cases and there have been 5,000 violations of these orders in 2022.
“Domestic violence is a human rights issue. It is essential that we ensure that victims of domestic violence get justice, but also that they are protected from the threat of future violence,” said Senator Martin.
For him, the enactment of this law will also strengthen the bail regime faced by an accused seeking release on bail.
In the majority of cases, over time, the episodes of violence become more and more frequent and the attacks more and more serious. If nothing is done, this escalation can lead to life-threatening injuries, irreversible damage, or even homicide. Violence can also lead to suicide by one partner or the other.
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