1. Provisions dealing with domestic violence under the Civil Law (Miscellaneous Provisions) Act 2011 came into operation on the 2nd August 2011

 

Provisions dealing with domestic violence under the Civil Law (Miscellaneous Provisions) Act 2011 came into operation on 2nd August, 2011.

 

The Civil Law (Miscellaneous Provisions) Act 2011 introduces important amendments to the Domestic Violence Act 1996 and 2002 to extend the powers of the court to order protection of persons in cases of domestic violence (Part 15 of the 2011 Act).

The Act amends the Domestic Violence Act 1996 so that:


(i) a parent may now apply for a safety order against the other parent of their child, even where the parents do not live together and may never have lived together. This ensures that the full protection of the law is available where access to a child is an occasion of intimidation or even violence between disputing parents
(ii) the protections of the Act are available on the same basis to unmarried opposite-sex couples and same-sex couples who have not registered a civil partnership
(iii) couples who are not married or are not in a registered civil partnership are no longer required to have lived together for a particular minimum period of time before one of them can obtain a safety order against the other.

It should be noted however that couples as mentioned in (ii) and (iii) above are those who have lived together "in an intimate and committed relationship" prior to the application for the order.  The minimum period of living together for a barring order remains an aggregate of six months in the nine months immediately prior to the application.

These provisions of the Civil Law (Miscellaneous Provisions) Act 2011 dealing with domestic violence came into operation with immediate effect on the 2nd of August, 2011.