Domestic Violence: Law and Practice in Ireland
portes grátis
Domestic Violence: Law and Practice in Ireland
Walsh, Keith; Dixon, Sonya
Bloomsbury Publishing PLC
02/2024
424
Mole
Inglês
9781526522399
15 a 20 dias
Descrição não disponível.
Foreword
Preface
Introduction
Table of Cases
Part I -Structure of the Act and Domestic Violence applications
a. History to date - context of the 2018 Act which consolidated the law on Domestic Violence
b. Court proceedings
i. Primary reliefs available
a. Safety Order/Protection Order
(i) Who may apply
(ii) Grounds for granting order
(iii) Effect of order
(iv) Duration of order
(v) Who is entitled to apply to vary order
(vi) For ex parte orders - additional safeguards
Note: Case law and practice and procedure will be woven into above.
b. Barring Order / Interim Barring Order /
(i) Who may apply
(ii) Grounds for granting order
(iii) Effect of order
(iv) Duration of order
(v) Who is entitled to apply to vary order
(vi) For ex parte orders - additional safeguards
Note: Case law and practice and procedure will be woven into above.
c. Emergency Barring Order
(i) Who may apply
(ii) Grounds for granting order
(iii) Effect of order
(iv) Duration of order
(v) Who is entitled to apply to vary order?
(vii) For ex parte orders - additional safeguards
Note: Case law and practice and procedure will be woven into above.
ii. Secondary reliefs available
a. Care order or supervision orders under Child Care Act 1991
b. Permission to remove household chattels: [prohibition is a consequential element of application for and making of Safety/Barring order]
i. Section 9(2) of Family Home Protection Act 1976
ii. Section 34(2) of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
c. Determine any question affecting the welfare of an infant; section 11, Guardianship of Infants Act, 1964
d. Maintenance of Spouses and Children; s 5, 5A, 5B, 6, 7 or 21A of the Family Law (Maintenance of Spouses and Children) Act 1976
e. Protection of family home or chattels; s 5,9 Family Home Protection Act 1976
f. Orders pursuant to the Childcare Act 1991
g. Reliefs for civil partners - protection of shared home or chattels, maintenance for civil partner, s 30,34, 45 Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
iii. Mandatory guidelines for the court imposed by Domestic Violence Act 2018
a. Factors a court must take into account
b. Restriction on cross examination
c. Requirement to give reasons for certain decisions
d. In camera rule
iv. Post grant/refusal of relief
1. When does the Domestic Order take effect
2. Importance of service of Order [discussion of DPP v RK [2019] IECHC 852 and related cases]
3. Options after Court determination
a. Variation
b. Discharge
c. Appeal
d. Other - judicial review
v. Breach of Orders
vi. Practice & Procedure Court by Court
District
Circuit
High
a. Venue & jurisdiction
b. Initial applications - issue, service of documents
c. Hearing/evidence
d. Discharge/variation applications
e. Appeals
f. Overlap between District and Circuit Court jurisdictions
c. Vulnerable Witnesses in Domestic Violence Cases (include coercive and/or financial control), being the subject of violence or sexual abuse, forced marriage, learning disabilities, being a child, mental disorder, lack of fluency in the English language, illiteracy, hearing impairment)
Introduction
Participation
Identifying Vulnerability
Measures to be taken
Cross examination of a vulnerable witness / Protection against cross-examination by applicant or respondent
Cross Examination of the Alleged Victim
d. Commentary on Coercive control
i. Analysis of the first cases in this area.
ii. Likely future trends.
Part II-Annotated Statute Domestic Violence Act, 2018
Part III- Annotated District and Circuit Court Rules for Domestic Violence with precedent forms and pleadings
Preface
Introduction
Table of Cases
Part I -Structure of the Act and Domestic Violence applications
a. History to date - context of the 2018 Act which consolidated the law on Domestic Violence
b. Court proceedings
i. Primary reliefs available
a. Safety Order/Protection Order
(i) Who may apply
(ii) Grounds for granting order
(iii) Effect of order
(iv) Duration of order
(v) Who is entitled to apply to vary order
(vi) For ex parte orders - additional safeguards
Note: Case law and practice and procedure will be woven into above.
b. Barring Order / Interim Barring Order /
(i) Who may apply
(ii) Grounds for granting order
(iii) Effect of order
(iv) Duration of order
(v) Who is entitled to apply to vary order
(vi) For ex parte orders - additional safeguards
Note: Case law and practice and procedure will be woven into above.
c. Emergency Barring Order
(i) Who may apply
(ii) Grounds for granting order
(iii) Effect of order
(iv) Duration of order
(v) Who is entitled to apply to vary order?
(vii) For ex parte orders - additional safeguards
Note: Case law and practice and procedure will be woven into above.
ii. Secondary reliefs available
a. Care order or supervision orders under Child Care Act 1991
b. Permission to remove household chattels: [prohibition is a consequential element of application for and making of Safety/Barring order]
i. Section 9(2) of Family Home Protection Act 1976
ii. Section 34(2) of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
c. Determine any question affecting the welfare of an infant; section 11, Guardianship of Infants Act, 1964
d. Maintenance of Spouses and Children; s 5, 5A, 5B, 6, 7 or 21A of the Family Law (Maintenance of Spouses and Children) Act 1976
e. Protection of family home or chattels; s 5,9 Family Home Protection Act 1976
f. Orders pursuant to the Childcare Act 1991
g. Reliefs for civil partners - protection of shared home or chattels, maintenance for civil partner, s 30,34, 45 Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
iii. Mandatory guidelines for the court imposed by Domestic Violence Act 2018
a. Factors a court must take into account
b. Restriction on cross examination
c. Requirement to give reasons for certain decisions
d. In camera rule
iv. Post grant/refusal of relief
1. When does the Domestic Order take effect
2. Importance of service of Order [discussion of DPP v RK [2019] IECHC 852 and related cases]
3. Options after Court determination
a. Variation
b. Discharge
c. Appeal
d. Other - judicial review
v. Breach of Orders
vi. Practice & Procedure Court by Court
District
Circuit
High
a. Venue & jurisdiction
b. Initial applications - issue, service of documents
c. Hearing/evidence
d. Discharge/variation applications
e. Appeals
f. Overlap between District and Circuit Court jurisdictions
c. Vulnerable Witnesses in Domestic Violence Cases (include coercive and/or financial control), being the subject of violence or sexual abuse, forced marriage, learning disabilities, being a child, mental disorder, lack of fluency in the English language, illiteracy, hearing impairment)
Introduction
Participation
Identifying Vulnerability
Measures to be taken
Cross examination of a vulnerable witness / Protection against cross-examination by applicant or respondent
Cross Examination of the Alleged Victim
d. Commentary on Coercive control
i. Analysis of the first cases in this area.
ii. Likely future trends.
Part II-Annotated Statute Domestic Violence Act, 2018
Part III- Annotated District and Circuit Court Rules for Domestic Violence with precedent forms and pleadings
Este título pertence ao(s) assunto(s) indicados(s). Para ver outros títulos clique no assunto desejado.
Domestic Violence Act 2018; Women's Aid; Safe Ireland; Covid-19; CAHMS; barring order; interim barring order; emergency barring order; safeguarding; Child Care Act 1991; Family Home Protection Act 1976; Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010; Guardianship of Infants Act 1964; Maintenance of Spouses and Children Act 1976
Foreword
Preface
Introduction
Table of Cases
Part I -Structure of the Act and Domestic Violence applications
a. History to date - context of the 2018 Act which consolidated the law on Domestic Violence
b. Court proceedings
i. Primary reliefs available
a. Safety Order/Protection Order
(i) Who may apply
(ii) Grounds for granting order
(iii) Effect of order
(iv) Duration of order
(v) Who is entitled to apply to vary order
(vi) For ex parte orders - additional safeguards
Note: Case law and practice and procedure will be woven into above.
b. Barring Order / Interim Barring Order /
(i) Who may apply
(ii) Grounds for granting order
(iii) Effect of order
(iv) Duration of order
(v) Who is entitled to apply to vary order
(vi) For ex parte orders - additional safeguards
Note: Case law and practice and procedure will be woven into above.
c. Emergency Barring Order
(i) Who may apply
(ii) Grounds for granting order
(iii) Effect of order
(iv) Duration of order
(v) Who is entitled to apply to vary order?
(vii) For ex parte orders - additional safeguards
Note: Case law and practice and procedure will be woven into above.
ii. Secondary reliefs available
a. Care order or supervision orders under Child Care Act 1991
b. Permission to remove household chattels: [prohibition is a consequential element of application for and making of Safety/Barring order]
i. Section 9(2) of Family Home Protection Act 1976
ii. Section 34(2) of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
c. Determine any question affecting the welfare of an infant; section 11, Guardianship of Infants Act, 1964
d. Maintenance of Spouses and Children; s 5, 5A, 5B, 6, 7 or 21A of the Family Law (Maintenance of Spouses and Children) Act 1976
e. Protection of family home or chattels; s 5,9 Family Home Protection Act 1976
f. Orders pursuant to the Childcare Act 1991
g. Reliefs for civil partners - protection of shared home or chattels, maintenance for civil partner, s 30,34, 45 Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
iii. Mandatory guidelines for the court imposed by Domestic Violence Act 2018
a. Factors a court must take into account
b. Restriction on cross examination
c. Requirement to give reasons for certain decisions
d. In camera rule
iv. Post grant/refusal of relief
1. When does the Domestic Order take effect
2. Importance of service of Order [discussion of DPP v RK [2019] IECHC 852 and related cases]
3. Options after Court determination
a. Variation
b. Discharge
c. Appeal
d. Other - judicial review
v. Breach of Orders
vi. Practice & Procedure Court by Court
District
Circuit
High
a. Venue & jurisdiction
b. Initial applications - issue, service of documents
c. Hearing/evidence
d. Discharge/variation applications
e. Appeals
f. Overlap between District and Circuit Court jurisdictions
c. Vulnerable Witnesses in Domestic Violence Cases (include coercive and/or financial control), being the subject of violence or sexual abuse, forced marriage, learning disabilities, being a child, mental disorder, lack of fluency in the English language, illiteracy, hearing impairment)
Introduction
Participation
Identifying Vulnerability
Measures to be taken
Cross examination of a vulnerable witness / Protection against cross-examination by applicant or respondent
Cross Examination of the Alleged Victim
d. Commentary on Coercive control
i. Analysis of the first cases in this area.
ii. Likely future trends.
Part II-Annotated Statute Domestic Violence Act, 2018
Part III- Annotated District and Circuit Court Rules for Domestic Violence with precedent forms and pleadings
Preface
Introduction
Table of Cases
Part I -Structure of the Act and Domestic Violence applications
a. History to date - context of the 2018 Act which consolidated the law on Domestic Violence
b. Court proceedings
i. Primary reliefs available
a. Safety Order/Protection Order
(i) Who may apply
(ii) Grounds for granting order
(iii) Effect of order
(iv) Duration of order
(v) Who is entitled to apply to vary order
(vi) For ex parte orders - additional safeguards
Note: Case law and practice and procedure will be woven into above.
b. Barring Order / Interim Barring Order /
(i) Who may apply
(ii) Grounds for granting order
(iii) Effect of order
(iv) Duration of order
(v) Who is entitled to apply to vary order
(vi) For ex parte orders - additional safeguards
Note: Case law and practice and procedure will be woven into above.
c. Emergency Barring Order
(i) Who may apply
(ii) Grounds for granting order
(iii) Effect of order
(iv) Duration of order
(v) Who is entitled to apply to vary order?
(vii) For ex parte orders - additional safeguards
Note: Case law and practice and procedure will be woven into above.
ii. Secondary reliefs available
a. Care order or supervision orders under Child Care Act 1991
b. Permission to remove household chattels: [prohibition is a consequential element of application for and making of Safety/Barring order]
i. Section 9(2) of Family Home Protection Act 1976
ii. Section 34(2) of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
c. Determine any question affecting the welfare of an infant; section 11, Guardianship of Infants Act, 1964
d. Maintenance of Spouses and Children; s 5, 5A, 5B, 6, 7 or 21A of the Family Law (Maintenance of Spouses and Children) Act 1976
e. Protection of family home or chattels; s 5,9 Family Home Protection Act 1976
f. Orders pursuant to the Childcare Act 1991
g. Reliefs for civil partners - protection of shared home or chattels, maintenance for civil partner, s 30,34, 45 Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
iii. Mandatory guidelines for the court imposed by Domestic Violence Act 2018
a. Factors a court must take into account
b. Restriction on cross examination
c. Requirement to give reasons for certain decisions
d. In camera rule
iv. Post grant/refusal of relief
1. When does the Domestic Order take effect
2. Importance of service of Order [discussion of DPP v RK [2019] IECHC 852 and related cases]
3. Options after Court determination
a. Variation
b. Discharge
c. Appeal
d. Other - judicial review
v. Breach of Orders
vi. Practice & Procedure Court by Court
District
Circuit
High
a. Venue & jurisdiction
b. Initial applications - issue, service of documents
c. Hearing/evidence
d. Discharge/variation applications
e. Appeals
f. Overlap between District and Circuit Court jurisdictions
c. Vulnerable Witnesses in Domestic Violence Cases (include coercive and/or financial control), being the subject of violence or sexual abuse, forced marriage, learning disabilities, being a child, mental disorder, lack of fluency in the English language, illiteracy, hearing impairment)
Introduction
Participation
Identifying Vulnerability
Measures to be taken
Cross examination of a vulnerable witness / Protection against cross-examination by applicant or respondent
Cross Examination of the Alleged Victim
d. Commentary on Coercive control
i. Analysis of the first cases in this area.
ii. Likely future trends.
Part II-Annotated Statute Domestic Violence Act, 2018
Part III- Annotated District and Circuit Court Rules for Domestic Violence with precedent forms and pleadings
Este título pertence ao(s) assunto(s) indicados(s). Para ver outros títulos clique no assunto desejado.
Domestic Violence Act 2018; Women's Aid; Safe Ireland; Covid-19; CAHMS; barring order; interim barring order; emergency barring order; safeguarding; Child Care Act 1991; Family Home Protection Act 1976; Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010; Guardianship of Infants Act 1964; Maintenance of Spouses and Children Act 1976
