Ruling puts women at greater risk of domestic violence, warns group

WOMEN are at greater risk of violence in the home in the wake of the recent Supreme Court ruling that interim barring orders, keeping violent spouses out of the house, are unconstitutional.

The ruling six weeks ago has left vulnerable women in limbo with no legal method of protection, according to the support group Women’s Aid.

“The judiciary’s hands are tied at the moment in cases of domestic violence,” said Women’s Aid director Denise Charlton, during a demonstration by the group’s members outside the Dáil yesterday. The protest coincided with the International Day Opposing Violence Against Women.

Ms Charlton said new legislation must be introduced to protect women.

“The interim barring order was designed to meet a need where there is significant risk of harm to the applicant and any dependants.

“Since the Supreme Court ruling there are still cases where there is risk of significant harm but no longer any legal method of providing the required level of protection.”

She also urged Justice Minister Michael McDowell to honour the Government’s commitment to limited lifting of the in camera ruling under which family law cases are held behind closed doors.

“Family law cases are heard in camera to protect the anonymity of those involved. However, significant misinformation has grown up around the area of family law due to this ‘secrecy’ and it is difficult to identify areas of necessary reform, when there is no method of collecting the information,” she said.

Ms Charlton also outlined a series of recommendations for reforms of the legal system, including the monitoring of garda policy on domestic violence to determine its effectiveness in protecting victims.

Women’s Aid also wants the Probation and Welfare Service to be properly funded to take an active role in family law. The group says the Domestic Violence Act 1996 should be amended and that judiciary and court clerks need training in dealing with domestic violence cases.

Yesterday’s campaign was part of a 15 day international campaign involving 800 organisations in more than 90 countries to draw attention to gender violence.