Legislation on domestic violence should be amended to protect a wider range of people, including those who have a child in common, and to give clearer guidelines to the courts on what constitutes abuse, according to the Law Society.
These are among the 12 recommendations in a report from the society's Law Reform Committee on domestic violence. It is based on a survey of family law practitioners among the society's members. Approximately 100 practitioners responded to the questionnaire.
Ms Rosemary Horgan, a member of the committee, who compiled the report, said it identified differences in how the courts in different areas dealt with these orders.
In particular, there were sometimes unacceptable delays between the issuing of an interim barring order, including an ex parte one (without the presence in court of the person accused of violence), and the return date, when it is made permanent or set aside. The committee recommended that District Court rules be amended to provide an early return date.
Where the application is made ex parte it should be based on an affidavit, the report says, and the person accused of violence given all the evidence put at the hearing.
Ms Horgan said the legislation should be extended to include protection for those affected by a decree of nullity, non-cohabitees with a child in common and elderly people threatened by adult relatives other than a son or daughter.
The 1996 Act, under which barring, protection and safety orders can be sought, does not give any clarification as to when one option rather than another should be applied by the court. Nor does it contain detailed guidance to the court on the grounds for granting such orders, leaving it up to individual judges.
The report found they varied in their judgements, with certain judges always requiring evidence of physical injury, sometimes even including medical evidence, while others did not. It is not required by the legislation.
There should be training for judges in the whole area of domestic violence, according to Ms Horgan.
"Domestic violence is very complex. Understanding the psychological dynamic is very important. No lawyer will get it through legal knowledge," she said. She added that judges were open to this.
Mr Pat O'Connor, president of the Law Society, said it would be useful if judgements in family law cases, including those involving domestic violence, were made public. It would help solicitors to advise their clients.
The report has been sent to the Minister for Justice, Equality and Law Reform, Mr O'Donoghue, who welcomed it and said the area continued to be reviewed.