Garda response to domestic violence remains 'inconsistent'

The authors said: “While gardaí in certain units were described as ‘very good’, ‘fantastic’ and ‘absolutely terrific at their work’, another participant observed that some gardaí were ‘very very helpful and supportive’ but she also had ‘terrible experiences’ with less interested members of the force."

Some domestic violence victims continue to experience difficulties dealing with gardaí and the courts, two years on from the introduction of landmark domestic violence laws, research indicates.

Victims also have problems getting into refuges, with a third of counties having no services for women – while male victims have no safe place anywhere in the country.

Academics from Maynooth University analysed the effectiveness of the Domestic Violence Act 2018, which brought in the new offence of ‘coercive control’ and removed the ‘cohabitation’ rule, which broadened who could apply for safety orders.

The authors said their analysis, published in the Criminology & Criminal Justice journal, was the first review of the act, which was commenced in January 2019.

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The research team contacted 22 domestic abuse services – half of all national providers. It said that, to date, there had only been three ‘successful’ prosecutions for coercive control in Ireland.

The authors said, while it was too early to say how effective the provision was, the early indications were “promising” and, as one interviewee said, it may “enable a change” in public and political discourse.

The paper said the removal of the requirement for a couple in an intimate relationship to be cohabiting in order to avail of safety and protection orders was described as the “most important change” in the 2018 Act.

This meant victims didn’t have to be living with their partner or own a house together to apply for the protections. It said garda responses to domestic violence instances was still ‘inconsistent’, as found in a 2019 Women’s Aid report.

The authors said: “While gardaí in certain units were described as ‘very good’, ‘fantastic’ and ‘absolutely terrific at their work’, another participant observed that some gardaí were ‘very very helpful and supportive’ but she also had ‘terrible experiences’ with less interested members of the force.

“Although other participants pointed out that the 2018 Act appears to have ‘really invigorated’ the gardaí and that the ‘guards generally by and large are fine’, the Policing Authority (2020) has stated that the gardaí are ‘culturally not there yet’ when it comes to responding to domestic violence.” 

The analysis notes a belief from male victims that they are not treated the same by gardaí as female victims.

Interviewees said there was a need for additional garda training on the 2018 Act, with some saying that gardaí in certain parts of the country had “received no formal training at all” and that, while the coercive control offence required a significant change in investigative practice, one participant pointed out that “the whole garda force is not fully trained in coercive control or how to investigate it”.

The authors commended Garda Operation Faoiseamh, set up to tackle domestic violence during the pandemic.

While certain interviewees were very complimentary about court clerks and the staff of the courts service, the courts’ infrastructure, broadly speaking, was described as “not fit for purpose” and "totally the wrong environment to try and address domestic violence".

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