Abuse case women deterred by court delays - solicitor

UNACCEPTABLE DELAYS in the family courts are causing women, intimidated by violent spouses and partners, to drop applications…

UNACCEPTABLE DELAYS in the family courts are causing women, intimidated by violent spouses and partners, to drop applications for barring orders, a leading family law solicitor has said.

Ursula Regan said there was an 11-week delay between applying for a safety or barring order and getting a court date, “as the courts are so overburdened”.

She was speaking at the publication yesterday of the annual helpline statistics from Women’s Aid. The helpline last year responded to 10,481 calls, made 418 one-to-one support visits and provided 168 court accompaniments.

Some 15,158 incidents of domestic violence were disclosed to the organisation, of which 9,101 were of emotional abuse; 3,355 of physical abuse; and 1,900 of financial abuse.

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“Emotional abuse ranged from threats to kill the woman, the children or himself; women being followed everywhere and being constantly accused of having affairs,” said Sarah Benson, manager of the helpline.

Physical abuse included women being punched, kicked, gagged and beaten, held down and choked, being beaten severely while holding a child, having hair pulled out and attempts to set the woman on fire.

She said 97 per cent of callers were women.

There was an increasing incidence of financial abuse, she continued and the helpline was hearing from increasing numbers of women unable to escape their situation because of the recession, as they feared impoverishment, losing their home and were financially dependent on their partners.

“Another disturbing trend is violence on pregnant women, on women who have just recently given birth.”

Ms Regan said the first port of call for a woman seeking a barring or protection order against a violent or abusive man was the District Court.

In Dublin, the main family-law court was at Dolphin House, which had just two judges per day, each hearing between 16 and 18 cases about such issues as custody, maintenance and barring orders.

The “over-burdening” of the judges meant a woman currently faced an 11-week wait between applying for an order and a court hearing.

“Within that period many women come under enormous pressure to withdraw their applications. The abuser has a lot of time to work on the victim. The pressure is social also.”

Describing the situation with delays as much the same around the country, she said once an application was withdrawn it was unlikely the woman, who would be further demoralised, would re-enter it.

Children were “suffering terribly” as a result of witnessing and hearing the abuse of their mothers, and again because the courts had no mechanism to have children’s views heard when, for instance, applications for access were made by the abusive parent.

She called for the involvement of the probation services to interview children in an unbiased manner and then report back to the courts.

National, free helpline number, which does not appear on itemised bills: 1800 341 900

Case Study

MY NAME is Caroline, I have been with Anthony for 11 years. When we first got together we both worked full time. We got married after three years together and our first child, Zoe, arrived two years later.

I returned to work after Zoe was born but when James was born, Anthony felt it would make financial sense for me to give up work as he earned more money.

He started keeping all of his wages in his own account. He argued there was no point having a joint account, to save on unnecessary bank charges.

He began giving me an allowance to cover household costs. It was okay at first but then he started calculating the amount he believed should be spent on food, clothing and other items.

He became more critical of any additional spending, began calling me a waster, even when I spent money on small extra things for the children.

Sometimes I would not put on any heat until he came home and me and the kids just put up with the cold.

I find myself unable to do the simplest things that I used to just take for granted, like bringing the children to the cinema or meeting friends or family for coffee. I put them off by saying I am too busy to meet up. Gradually they have stopped calling and asking.

The worst of it is just how degraded and humiliated I feel by having to ask Anthony for money for ”extras’’ such as tampons when I have my period. I can only go within walking distance as I have no money for bus fare.

When I rang the Womens Aid and spoke to a worker I surprised myself. I cannot quite believe how trapped I have become in the relationship.

Having had my own means and a wide circle of friends, colleagues and family, my world has shrunk to the four walls of the house with my two beautiful children my only company. To the outside world our family probably looks rosy, but it feels like my entire self has been eroded away and that I cannot get out or away.

( not real names)

Kitty Holland

Kitty Holland

Kitty Holland is Social Affairs Correspondent of The Irish Times