Delay in Domestic Violence Bill is a chance to improve it

Because it was not passed before the summer recess, we can now add measures to protect children whose mother is a victim, says Margaret Martin.

Wed, 27 Sep, 2017 - 01:00

THE Government must prioritise the Domestic Violence Bill, 2017, and protect women and children affected by domestic abuse.

Women’s Aid supports the provisions of the new bill, including those that enable Ireland to ratify the Istanbul Convention, extend eligibility for safety orders to young women who experience abuse in relationships, and prohibit electronic communication with victims.

The bill enables people affected by domestic violence to avail of the court system and to link with specialist support services. It was disappointing that the bill was not passed before the summer recess. However, the delay is an opportunity to address the critical gaps in it.

Unfortunately, the Domestic Violence Bill lacks measures to assess the safety of children, when barring orders are being made.

Earlier this year, at the launch of our 2016 impact report, Women’s Aid highlighted the links between child abuse and domestic violence and called for greater recognition of the risk to children, especially during access arrangements with abusive fathers.

Domestic violence is a context in which child abuse takes place. Last year, Women’s Aid had 4,000 disclosures of child abuse at our frontline services.

The more severe the domestic violence against the mother, the more severe the abuse against the children. In 2016, women told us that their children were being hit, slapped, shouted at, and called names, and sexually abused.

Children have been told they will be killed alongside their mothers. At times, the perpetrator of the abuse has targeted the children to hurt both them and their mother.

It was reported to us that children were bearing witness to the most appalling abuse and violence against their mothers. Many children have witnessed their mother being shouted at, threatened, physically assaulted, and raped.

Or they might have overheard abuse, or seen the aftermath of it, such as bruises, broken bones, damaged furniture and belongings.

Ending the relationship does not always protect women and children from domestic violence, with 26% of abuse reported to Women’s Aid being carried out by an ex-partner or ex-husband.

Separation does not always increase safety. Custody and access arrangements in family-law proceedings often disregard the impact of domestic violence on children and, as a result, risk the continuing abuse of the children, as well as exposure to abuse of their mother during the hand-over period.

Many women supported by Women’s Aid are worried about protecting their children, and themselves, particularly when facilitating court-ordered access with abusive fathers.

For example, in many cases the perpetrator might be barred from the house, but still have unsupervised access to the children and use that access to continue abusing the children directly and/or through having them witness abuse of their mother.

Legal proceedings in relation to custody and access often take a long time, and during this period, while the woman is protected by the barring order, the children may still be subjected to ongoing abuse.

There is still time to address this gap and we will raise this issue with TDs and senators, in the coming days and weeks.

It is imperative that the risk posed by a perpetrator of domestic violence to the children be assessed.

Women’s Aid believes that when granting a barring order, the safety and well-being of any children should always be considered, and, when appropriate, interim measures should be put in place to protect them from further abuse.

To support this, expert reports assessing the child’s safety and welfare should be available to the courts. This should include assessing the emotional impact of exposure to the abuse of their primary carer, which is recognised as a form of child abuse.

There is no room for grey areas when it comes to domestic abuse and children’s safety. Any threat should be assessed and mitigated against and, ultimately, there should be a safe-contact or no-contact rule.