Domestic Violence Act 2018: Republic of Ireland.

 

On foot of a press release from the Department of Justice of the Republic of Ireland The Domestic Violence Act 2018 came into force (became law) on the 2nd January 2018, repealing the previous legislation on domestic violence

“Repeals

  1. The following are repealed:

(a) section 51 of the Family Law (Divorce) Act 1996 ;

(b) the Domestic Violence Act 1996 ;

(c) the Domestic Violence (Amendment) Act 2002 .”

 

Link to Domestic Violence act 2018 is here:

From: Irish Statute Book: Domestic Violence act 2018

http://www.irishstatutebook.ie/eli/2018/act/6/enacted/en/print

 

Naturally enough the Minister made an “announcement” and as is the wont of politicians he made sure to curry favour with those whom he believed to be “experts” on “domestic violence” and took a stance which he believed would position himself as an advocate and supporter of those “experts”

From Department of Justice Press Release: Minister Flanagan brings landmark Domestic Violence Act into operation

http://justice.ie/en/JELR/Pages/PR19000001

“I would like to acknowledge the work being done by organisations who support victims of domestic violence, and their contribution in strengthening the provisions of the Act.”

One of whom is Catriona Gleeson of Safe Ireland – one of many many “domestic violence services” for WOMEN and only women, where this prize idiot (aren’t they all?) pontificated in this article about one aspect of the new legislation – Coercive Control.

From: New offence of coercive control in domestic violence law

https://www.rte.ie/news/2019/0102/1019886-domestic-violence/

“Caitriona Gleeson, Programme and Communications Manager with Safe Ireland, said coercive control is effectively domestic violence.

Speaking on RTÉ’s Morning Ireland she said it is “where somebody in a relationship deliberately sets out to deliberately put in fear and control the other person’s life.”

“There certainly are aspects of the behaviour that will always be very difficult to prove, however there is lots of behaviour that is investigated properly and documented properly will result in convictions, and that’s what we’re hopeful for.”

Ms Gleeson said Ireland is the third country in the world to introduce this new offence. England introduced it a number of years ago and Scotland more recently.

She said there has been significant uptake in training among gardaí ahead of the introduction of the new law but feels more training is still needed.

Edit: As I was writing this I opened this article with a view to addressing Ms. Gleesons “crowing” over similiar legislation being introduced in the UK – I have just realised I forgot to add it.

Controlling girlfriend ‘first woman convicted’ of new domestic abuse offence

https://www.telegraph.co.uk/news/2018/04/16/controlling-girlfriend-first-woman-convicted-new-domestic-abuse/

And from the article:

“A university graduate is believed to be the first woman convicted under new domestic abuse laws after scalding her boyfriend with boiling water, stabbing him and keeping food from him.

Jordan Worth, 22, banned her partner from their bed, decided what clothes he could wear, isolated him from friends and family and even took over his Facebook account.

She was jailed for seven-and-a-half years after pleading guilty to the offence of controlling or coercive behaviour in an intimate relationship, introduced in 2015, as well as wounding with intent and causing grievous bodily harm with intent.”

Ryan Nugent in the Irish Independent quoted extensively from another “expert” on “domestic violence”

Director of women’s aid in Ireland Margaret Martin in this article

https://www.independent.ie/irish-news/psychological-abuse-in-a-relationship-is-a-criminal-offence-under-new-law-37674223.html

“Another change is that a violent or sexual offence committed by a person against their spouse or person they are in an intimate relationship with will be considered as an aggravating factor during sentencing. This was welcomed by director of Women’s Aid, Margaret Martin.

“We have long argued that when a perpetrator is a current or former intimate partner of the woman that this should be an aggravating factor rather than a mitigating one when it comes to sentencing to acknowledge the unique position that the perpetrator is in, including the fact that they have intimate knowledge of and access to their victim and so brutally betrays that trust.”

And here:

“Ms Martin said that additional resources need to be included if the new act is to be a success.

This includes more resources for gardaí and courts as well as specialist support services.

“From January 1, 2019, women must feel change quickly. It must be positive, it must be practical and it must make them and their children safer from abuse,” Ms Martin said.

“What is promised on paper must be fully resourced to be effective in protecting those affected by domestic violence.

“We are concerned that an already overstretched system will see an increase in demand when the new provisions commence,” she warned.

Ms Martin also said that Women’s Aid supports the extension of eligibility for safety and barring orders for those in relationships but who are not cohabiting.

“This change will make a significant difference to the safety of younger women.

“We also welcome the move to prevent abusers to communicate electronically with their victims, a step in the right direction to address the digital abuse and online harassment of women by partners and exes.”

Out-of-hours sittings of the District Court will be held to provide orders in emergency situations.

“We hope that the Garda will use this provision to offer vulnerable women the chance to apply for immediate protection when it is needed and that this measure is adequately resourced, so that it will work in practice,” said Ms Martin.”

By the way – these “quotes” represent almost the full content of Mr. Nugent’s article – he simply handed over the “reporting” to this “expert” on domestic violence and threw in a few sentences linking together this “experts” quotes – great example of……..journalism Mr. Nugent.

In May this article was published by Men’s Voices Ireland

The paragraph that jumped out at me from: Men’s Voices Ireland

The Domestic Violence Act May 2018

https://www.mensvoicesireland.com/news/the-domestic-violence-act-may-2018/

was this one

“Hearings took place before the committee on Feb 19 and Feb 26 2014 at which 24 groups or individuals were called. Nobody presented any evidence on the rates of perpetration as between men and women, attempted to give a balanced nonpartisan view of DV, instance the principal features of DV including many surprising recent findings or to show the extent to which men are also victims. An enormous amount of evidence which challenges the official narrative was thereby omitted.”

I’m actually a bit surprised you were shocked and surprised at the way these committee hearings went guys?

Now, before anyone gets their knickers in a knot, bear with me, I have a copy of the Domestic Violence Act 2018 sitting right here on my desk beside me as I type this. I’ve been through it twice now – and while I am not purporting in any way shape or form to be giving a detailed analysis of this piece of legislation – at this time – one thing has quite clearly caught my eye – actually a couple of things – but lets just focus, for the moment on this one thing.

In every section empowering “someone” to make an application under this piece of legislation the language is GENDER NUETRAL.

Let me repeat that – the language is GENDER NUETRAL.

THE PERSON MAKING AN APPLICATION for protection, for an order, for ANYTHING under the provisions of this legislation is consistently referred to as – THE APPLICANT.

There is no “presumption” contained in this Legislation that “The Applicant” is or can be automatically FEMALE.

The person, who in the context of court proceedings in relation to any provision against who an Order is being sought pursuant to the provisions of this piece of legislation is consistently referred to as THE RESPONDENT.

Again there is NO “presumption” that the “Respondent” is or can only be MALE.

There is no reference IN ANY SECTION to SHE – as in “SHE MAY”, are you following my logic?

So, notwithstanding any bullshit from women’s aid, from safe Ireland or any of the innumerable “charadees” sucking up the vast majority of “resources” to address the issue of “domestic violence” this legislation is EQUALLY applicable in its provisions to both MEN and women.

As I said previously – I am literally reading and studying this legislation as we speak – so when I have not only gone through this with a fine-tooth comb, and when I have reviewed what I presume will be a new procedure for making applications under this legislation I will publish a further article.

The reason for this is simple – all “Motions/Applications” have a format, a particular way of doing it – this format involves submitting certain forms and following certain “Orders of the Court”

Because ALL the previous legislation has been repealed – this will require NEW “Rules of the Court” and probably the current “Forms” will require amendment/change/re-formatting.

My apologies for getting a bit technical – but if you think that some slimey counsel, usually paid for by women’s aid or any of the other cesspits of feminist propaganda won’t try and trip you (any man) up, invariably going into court as a lay litigant because you (any man) used the “wrong form” didn’t do something “technical” think again.

There is one final point I would like to make here – and I refer to the section on “coercive control: Section 39 and strongly suggest you review the research and analysis with regard to parental alienation – and perhaps see if you can spot the commonalities in particular Section 39 (2) (a) and (b)

(2) For the purposes of subsection (1), a person’s behaviour has a serious effect on a relevant person if the behaviour causes the relevant person—

(a) to fear that violence will be used against him or her, or

(b) serious alarm or distress that has a substantial adverse impact on his or her usual day-to-day activities.

(emphasis added)

Finally.

If I achieve nothing else today by posting this, with the caveat, I have not had time to do a thorough analysis and/or a proper legal search (to link other provisions of law to this legislation i.e., the Constitution, The ECHR etc.) except this:

If you are a MAN and you are reading this, or have been reading any of the articles referenced above and have inculcated the message that The Domestic Violence Act 2018 is ONLY FOR WOMEN.

STOP THINKING THAT – NOW.

This legislation applies to YOU – as a man, as a human being, as an Irish Citizen

  • Every single provision of this Legislation can be used, invoked and applied BY YOU. AS A MAN.
  • You as A MAN are entitled to every single protection available under this Legislation AS A MAN.
  • You AS A MAN are entitled to under the provisions of this legislation to go into COURT on a Motion/Application exactly like any woman can.
  • And further – you as A MAN are entitled to be granted an Order (whatever form that Order takes) under ANY provision of this legislation AS A MAN, as a human being – and – as an Irish Citizen.

 

Slainte.