THE number of domestic violence cases before the district courts in Dublin has almost doubled since the introduction of the Domestic Violence Act, which came into operation on March 27th last.
A total of 3,878 barring and protection orders were sought in the legal year 1994-1995, an average of 74 a week. In the first six operational weeks of the new Act, 732 applications were made, an average of 122 a week.
The Act extended the protection of the 1981 law from spouses to cohabitees, parents and others living in "non contractual" relationships.
It also introduced a safety order. Under the 1981 Protection of Spouses and Children Act a spouse could seek either a protection order, which was an interim measure, or a barring order which barred the violent spouse from the family home.
A safety order protects the applicant from threats or intimidation without the violent partner being removed from the house.
Barring orders and protection orders still exist, and can now be obtained by cohabitees, parents being intimidated by violent adult children, siblings or people in same sex relationships, as well as by spouses. The period of a barring order has been extended from one to three years, and a safety order can be made for up to five years.
While the criteria for seeking a barring or safety order remain the safety or welfare of the applicant, the definition of "welfare" has been broadened to include "physical and psychological welfare". This provides for threats and intimidation as well as actual physical violence.
Most applications under the new Act were still made by spouses. However, there were 139 applications for barring, protection and safety orders from people in common law relationships and 29 from parents. A total of 86 safety summonses and 330 barring summonses were issued, and 294 protection order applications were made.
The Act was introduced by the Minister for Equality and Law Reform, Mr Taylor. A spokesman for his Department said the dramatic increase in the figures showed the need for law reform in this area. "If people are using it, it demonstrates the need was there," said a spokeswoman for Women's Aid.
An ESRI report on marriage breakdown in Ireland, published last October, found that barring and protection orders through the district courts were sought mainly by social welfare recipients and those on low incomes as a solution to marital difficulties. Such orders can be obtained quickly and without a lawyer.
Legal separations were more likely to be sought by those in employment and with higher incomes, according to the report, although the demand for barring orders crossed all class barriers.
One section of the Act, providing for health boards to make an application on behalf of a person it believes to be at risk, will come into operation next January.
The Bar Review, the new journal of the Bar Council, comments: "The Government have shown commendable concern for those involved in domestic violence by this Act. It must now show further concern and act to introduce a proper system for the resolution of these and other family law matters in our courts."