What is Classed as Coercive Control?/How Do You Prove Coercive Control?/ Family Law Solicitors Meath

COERCIVE CONTROL

This is the most important change in the law, creating a new offense of Coercive Control.

Section 39 of the new Act defines the new criminal offence of coercive control as knowingly and persistently engaging in behaviour that is controlling or coercive, that has a serious effect on a spouse or a person who is, or was, in an intimate relationship with the alleged offender, and that a reasonable person would consider likely to have a serious effect on a relevant person.

The criminal offense of Coercive Control is an arrestable offence, liable on conviction to a fine or a term of imprisonment not exceeding 5 years. An investigation into Coercive Control must result in a file to the Director of Public Prosecutions.

Ireland is one of only a few countries that have now criminalized psychological or emotional abuse.

SAFETY AND PROTECTION ORDERS

All partners in an intimate relationship, which does not have to be committed or sexual, are eligible to apply for Safety and Protection orders. Cohabitation is not necessary. The following can therefore apply:

Spouses and civil partners
Parents with a child in common
Partners in an intimate relationships (including cohabitants and dating partners)
Parents of an abusive child, when the abuser is a non-dependent child (i.e. an adult)
People residing with the respondent in an non contractual relationship
All of the above include former partners as well (e.g. former spouse, cohabitant, etc.) One welcome development is that all applications for ex parte Protection Orders will now be required to complete an affidavit/sworn statement

BARRING AND INTERIM BARRING ORDERS

A major change here is that now there is no minimum period of cohabitation required for cohabitant applicants. The following can apply for Barring Orders and Interim Barring Orders:

Spouses and civil partners
Cohabitants who live in an intimate relationship AND where the applicant has an equal or greater interest in the property than the respondent (‘the property test’)
Parents where the abuser is a non-dependent child (i.e. if the abusive child is an adult) and who satisf
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