Domestic violence orders surged 40% during pandemic

The number of protection and interim barring orders granted to victims of domestic violence in Dublin between July and September last year increased by 40% from the same time in 2019, new data shows.

The data, which corresponds with data from domestic violence charities, suggests that incidences of domestic violence rose during the pandemic.

Released to RTÉ Investigates following a freedom of information request to the Courts Service, the data shows the number of domestic violence-related orders granted in the Dublin District Courts in the first three quarters of 2019 and, separately, of 2020.

It also shows a sharp decline during the pandemic in the number of people convicted and the number of offence convictions in the Dublin District Courts for drugs, assault and public order.

This fall-off likely reflects both the drop in crime rates for those offences and the fact that the courts have been slower in processing cases due to Covid-related restrictions.

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The data obtained by RTÉ Investigates relates to two categories of domestic violence-related orders: safety orders and barring orders in the first; protection orders and interim barring orders in the second.

The main difference between the two categories is that the first requires a full court hearing and is longer lasting in nature. The second is temporary, doesn’t require a full court hearing, and is made with just the person seeking the order (and not the alleged abuser) present in court.

According to domestic violence charity Women’s Aid, a safety order prohibits the abuser from further acts of violence or threats of violence. If the alleged abusive person does not live with the victim, a safety order requires them to stay away from the family home. A barring order requires the violent person to leave the family home. Both barring and safety orders require a court hearing with both sides present in court.

A protection order has the same effect as a safety order and is granted where the court finds an immediate risk to the victim. It lasts until a court hearing occurs, while an interim barring order requires the violent person to leave home but lasts no longer than eight days, pending a court hearing.

The chart above shows that from the first quarter of 2019 to the first quarter 2020, there was little change in the numbers of the two categories granted.

However, in the second quarter of 2020 – during the first wave of Covid-19 and its associated restrictions – the numbers shifted, with a 69% decrease in safety/barring orders. There was a 23% increase in protection/interim orders from the same time period in the previous year.

During the third quarter, there was a 40% increase in the protection/interim barring orders and a small increase of 1% in safety/barring orders.

Court orders hold ‘perpetrators to account’

The CEO of Women’s Aid, Sarah Benson, told RTÉ Investigates that the charity “welcomes the continuing availability of the courts to victims of domestic abuse throughout all iterations of the Covid-19 pandemic”.

She added that court orders are “a critical tool in preventing abuse and holding perpetrators to account”.

But Ms Benson warned: “Many hearings for safety orders are being adjourned, in some cases for many months. Women’s Aid is seriously concerned that adjournments both for full protective orders are building up an enormous backlog.”

“There is an urgent need for further investment, not just in courts infrastructure, but also an increase in the number of judges available to respond to these demands, which have such a critical impact on so many families.”

Dramatic fall for drugs, public order and assault offences

Meanwhile, the data also shows how the number of people convicted for certain offences in the District Court in Dublin fell dramatically during the pandemic.

RTÉ Investigates asked the Courts Service for data related to three common types of offences that the District Court encounters – assault, drugs and public order – in terms of both the number of people convicted of those offences and the total number of offence convictions secured. (When RTÉ Investigates requested the data, figures for the fourth quarter of 2020 were not yet available.)

It should be noted that there is a time lag between the point at which an offence is committed to when that offence is prosecuted in court. For example, a contested case requires a full court hearing and takes longer than a case where the accused enters a guilty plea.

While convictions for assault and public order offences in Dublin fell in the first quarter of 2020 from the previous year, drug-related offence convictions increased by 9% from 2019.

The Courts Service has introduced various measures to reduce crowding in the District Court and to ensure the court runs more efficiently.

For example, it has directed that, in certain instances, the accused need not be physically present in court at certain stages of the case, once their lawyer is present. In criminal cases, it has also asked An Garda Síochána to have directions from the Director of Public Prosecutions ready for the first court appearance.

‘There was no easing of restrictions’

William Morrin, a barrister who practises mainly in the Dublin District Court, told RTÉ Investigates that there is a backlog of cases in the District Court system.

“It was expected that September 2020 would see a massive surge in case numbers,” Mr Morrin said, explaining that cases that had been adjourned earlier in the year were expected to come back before the courts. “But this did not happen, as there was no easing of the restrictions.”

He suggested that there are fewer arrests for public order and assault due to Covid restrictions and because pubs are closed.

Mr Morrin added that the Courts Service has given domestic violence priority. “Cases are getting on when a not guilty plea is lodged,” he said.