I believe a client of mine is a victim of coercive control, what can I do?

The Data Protection Act 2018 provides a basis for you to disclose relevant client personal data to An Garda Síochána where it is necessary and proportionate for the purposes of preventing, detecting, investigating or prosecuting a criminal offence such as coercive control. The report can be made by contacting the Garda Confidential Hotline @ 1800 666 111, calling 999/112 or visiting your local Garda Station.

The Data Protection Act 2018 is not a barrier to justified information sharing but provides a framework to ensure that personal information about living individuals is shared appropriately.
Consider safety and well-being: base your information sharing decisions on considerations of the safety and well-being of the individual and others who may be affected by their actions.
Where possible, share information with consent unless it is unsafe or inappropriate to do so.
Information can be shared without consent if, in your judgement, there is a lawful basis to do so, such as where safety may be at risk. You will need to base your judgement on the facts of the case.
Necessary, proportionate, relevant, adequate, accurate, timely and secure: ensure that the information shared is necessary for the purpose for which you are sharing it; is shared only with those individuals who need to have it; is accurate and up to-date; is shared in a timely fashion; and is shared securely.
Keep a record of the decision and the reasons for it – whether it is to share the information or not. If there is a decision to share the information a record of what was shared, with whom and for what purpose should be recorded.

The Data Protection Commission’s Regulatory Strategy 2022-2027 priorities the protection of children and other vulnerable groups, further information on understanding data protection rights HERE.

What is domestic abuse?

All acts of physical, sexual, psychological or economic abuse that occur within the family or domestic unit or between former or current spouse or partners, whether or not the perpetrator shares or has shared the same residence as the victim.

How to recognise domestic abuse

Does a family member or current/previous intimate partner:

Constantly criticise you or put you down?
Discourage your relationships with family and friends?
Control all finances and/or force you to account in detail all expenditure?
Deny you access to money even for household/child necessities?
Withhold access to basic utilities such as electricity and heat?
Withhold your post and access to services such as doctors?
Prevent you from working, leaving your home or socialising?
Constantly and obsessively ‘track’ your time and whereabouts?
Use technology to monitor, stalk and control you?
Constantly accuse you of being unfaithful?
Make you engage in sexual activities against your will?
Push/shove, hit, punch, slap, kick, bite and/or strangle you, your children and/or pets?
Threaten to harm you, your children and/or pets?
Threaten to or have used a weapon against you, your children and/or pets?
Threaten to kill you, your children and/or pets?
Threaten there will be consequences for you, your children and/or pets if you leave the relationship?
Threaten to have your children taken into State care?
Anger easily when consuming alcohol or drugs?
Deliberately destroy personal property or other items of sentimental value?
Threaten to share information or images of you on social media?

What are domestic abuse orders?

Domestic abuse orders may give you additional protection from an abuser. You can apply for a domestic abuse order from the family law district courts. You do not need legal representation to get a domestic abuse order however it is recommended. They include:

Protection Order
Safety Order
Emergency Barring Order
Interim Barring Order
Barring Order

Each domestic abuse order can include the below prohibitions for the abuser:

Using or threatening to use violence against you or your dependent(s) (children/vulnerable adults).
Molesting or putting you or your dependent(s) (children/vulnerable adults) in fear.
Watching or besetting a place where you or your dependent(s) (children/vulnerable adults) resides.
Following or communicating (including electronically) with you or your dependent(s) (children/vulnerable adults).

An Interim Barring Order, Emergency Barring Order and a Barring Order will also:

Direct the abuser, if residing at a place where you or your dependent(s) (children/vulnerable adults) reside, to leave that place,
If the abuser is or is not residing at a place where you or your dependent(s) (children/vulnerable adults) reside, it shall prohibit the abuser from entering the place until further order of the court or until such other time as the court shall specify.

You can download the application form for a domestic abuse orderHERE

Protection Order

A Protection Order is a temporary order put in place until the hearing for a Safety Order or a Barring Order. A Protection Order does not exclude the abuser from the home if you already reside together but offers you or your dependent(s) (children/vulnerable adults) safety by prohibiting the abuser from behaving in certain ways as explained above. The application for a Protection Order can be made ex-parte meaning the abuser does not need to be present in court. The Protection Order expires upon you being granted a Safety Order or a Barring Order or should the Judge believe there is no longer a requirement for the order.

Safety Order

A Safety Order does not exclude the abuser from the home if you already reside together but offers you or your dependent(s) (children/vulnerable adults) safety by prohibiting the abuser from behaving in certain ways as explained above. The court may place exceptions or further conditions on the order as they see fit. A Safety Order may remain in place for up to 5 years and may be renewed.

Interim Barring Order

An Interim Barring Order is a temporary order put in place until the hearing for a Barring Order. The application for an Interim Barring Order can be made ex-parte meaning the abuser does not need to be present in court. The Interim Barring Order requires the abusive person to leave the home and prohibits the person from entering the home for up to 8 days. An Interim Barring Order can also prohibit the abuser from behaving in certain ways as explained above.

To be eligible for an Interim Barring Order, the Court must have reasonable grounds to believe you or your dependent(s) (children/vulnerable adults) are at immediate risk of harm and a Protection Order would be insufficient.

Barring Order

A Barring Order requires the abusive person to leave the home and prohibits the person from entering the home. A Barring Order can also prohibit the abuser from behaving in certain ways as explained above. A Barring Order may remain in place up to 3 years after its making and may be renewed.

Emergency Barring Order

An Emergency Barring Order is only granted in circumstances where you have no legal rights to the property or your rights are less than the abuser and there is an immediate risk of significant harm to you.

Where granted, an Emergency Barring Order shall operate in the same manner as a Barring Order but will only last for 8 days. A subsequent Emergency Barring Order cannot be sought within one month of the expiration of a previous Emergency Barring Order.

Who can apply for a domestic abuse orders?

What is coercive control?

Coercive control is when a person knowingly and persistently engages in behaviour that is controlling and/or coercive and has a serious effect on you. You may fear that violence will be used against you or suffer alarm and/or distress that has an adverse impact on your usual day to day activities.

How to recognise coercive control?

Does a current/previous intimate partner:

Call you names, humiliate or degrade you?
Control your daily activities or make you account for where you have been?
Ever deny you access to money or control what you spend money on?
Ever stalked or followed you (physically or by electronic monitoring)?
Made you feel isolated or feel that you have no one to talk to (family/friends/doctors)?
Ever made threats to harm you, your children, pets or people and property you care about?
Ever been violent towards you (pushing/slapping/punching/kicking)?
Ever sexually assaulted you?
Ever used objects as weapons against you?
Ever put their hands around your neck or applied pressure causing your breath to change?
Ever threatened to kill you, your children or pets?
Ever threaten to hurt your children or pets?
Ever hurt your children or pets?
Ever harmed you during pregnancy?
Ever self-harmed or threatened self-harm or suicide?

Animal cruelty and domestic abuse/coercive control

It is well established that there is a link between domestic abuse, coercive control and animal cruelty. Abusers will attempt to exploit the bond between you and your pet(s) to assert control and dominance over you and prevent you from leaving the relationship or household.

Does a family member or current/previous intimate partner:

Physically abuse an animal/pet?
Threaten to harm an animal/pet in order to control certain aspects of your daily life?
Threaten to take animals/pets away and/or report you to animal welfare?
Will not let you provide basic care for an animal/pet such as feed, water, shelter and/or medical care?
Stop you spending time with the animal/pet?
Encourage animals into the household particularly following a break up?
Claim ownership of an animal/pet?
Bring animals/pets into the home that you are afraid of?
Have killed or threaten to kill an animal/pet?

How do I know if someone is a victim of domestic abuse/coercive control?

Do they:

Appear frightened of their family member, partner/ex-partner.
Appear isolated from family and friends.
Changes in behaviour: withdrawn, low self-esteem, appear anxious or depressed, does not engage in usual activities.
Make excuses for the offender’s abusive behaviour.
Have unexplained injuries such as bruises or cuts.
Continually get phone calls or texts from their partner/ex-partner, wanting to know where they are and who they are with.
Appear to always have their time monitored and managed.
Appears defensive or concerned about engaging with Gardaí.
Have no financial independence.

How do I report Domestic abuse?

If you are in danger call the Gardaí on 999/112. When you call 999/112 uniformed Gardaí will arrive at your location in a marked patrol car. They will ensure you are not in immediate danger. When you are safe, you will have time to discuss with the Gardaí exactly why you called.

If you are not in immediate danger and you require advice and or assistance, you can visit or call your local Garda Station HERE. You can ask to speak with a Garda in private. A member of the same gender can be requested and if possible it will be facilitated.

Following an emergency call or a visit to a Garda Station you may be asked the following questions:

Name, address & contact numbers.
Details of any court orders that are in place.
Details of the abuser.
Does the abuser have access to children or pets?
Has alcohol or drugs been taken?
Does the abuser have access to any weapons?
Is there a history of abuse?
What is the situation now?

There are no right or wrong answer to these questions. We just need to find out as much information as possible to ensure that you are safe and that you stay safe.

What will happen when the Gardaí arrive after I call 999/112?

The Gardaí will arrive and introduce themselves.
They will speak to those involved separately and ascertain what occurred.
They will get details of those involved and the relationship between them.
Where there is a domestic abuse order in place and that order has been breached, the Gardaí will arrest the perpetrator.
Where there is no domestic abuse order in place and the Gardaí have grounds to suspect that an offence has been committed and they have a power of arrest, they will utilise that power of arrest.
Gardaí will investigate all offences that have occurred.
Gardaí will take a statement of complaint from you and any witnesses or will make arrangements to take them at a later time and date.
Gardaí will collect and examine evidence relevant to the offence(s).
Gardaí may conduct a risk assessment with you.
Gardaí will supply you with details of relevant support services and how to apply for a domestic order should you not have one.
Gardaí will follow up with you after the initial call.

What happens if I report coercive control to An Garda Síochána?

The Gardaí will:

Give you advice.
Seek to obtain a statement from you.
On obtaining a statement from you they will initiate an investigation.
Gardaí will gather evidence such as: medical records, financial records, records of interactions with support services.
Gardaí will seek to obtain any witness statements from family and friends who may be able to give evidence about witnessed behaviour.
Gardaí will collect and examine evidence relevant to the offence(s).
The accused will be interviewed by Gardaí.
Gardaí will complete a file of evidence which will be forwarded to the Director of Public Prosecutions (DPP) who will make the final decision on whether the abuser is to be charged for an offence.
If the DPP recommend the abuser is to be charged, the case will go to the Criminal Courts where you will be represented by the Gardaí or the DPP’s office. You will not incur any legal fees as the case is managed by the State.

Gardaí will always consider your safety while investigating a report of coercive control. Throughout the investigation and prosecution the investigating Garda member will keep you informed of the progression of the case.

What do I do if I believe a person is a victim of domestic abuse/coercive control?

Listen
Believe
Reassure
Support
If you believe a person is at immediate risk of harm call the Gardaí on 999/112.

I believe a client of mine is a victim of coercive control, what can I do?

The Data Protection Act 2018 is not a barrier to justified information sharing but provides a framework to ensure that personal information about living individuals is shared appropriately.
Consider safety and well-being: base your information sharing decisions on considerations of the safety and well-being of the individual and others who may be affected by their actions.
Where possible, share information with consent unless it is unsafe or inappropriate to do so.
Information can be shared without consent if, in your judgement, there is a lawful basis to do so, such as where safety may be at risk. You will need to base your judgement on the facts of the case.
Necessary, proportionate, relevant, adequate, accurate, timely and secure: ensure that the information shared is necessary for the purpose for which you are sharing it; is shared only with those individuals who need to have it; is accurate and up to-date; is shared in a timely fashion; and is shared securely.
Keep a record of the decision and the reasons for it – whether it is to share the information or not. If there is a decision to share the information a record of what was shared, with whom and for what purpose should be recorded.

The Data Protection Commission’s Regulatory Strategy 2022-2027 priorities the protection of children and other vulnerable groups, further information on understanding data protection rights HERE.

What is Stalking?

Stalking is when a person intentionally or recklessly behaves in a manner that causes you to fear that violence will be used against you or causes you to suffer alarm and/or distress that has an adverse impact on your usual day to day activities. The power, control and self-entitlement dynamics of stalking are very similar to coercive control but does not have to involve an intimate partner.

How do I recognise Stalking?

Have you experienced a person:

Follow, watch, monitor, track or spy on you?
Spread rumours about you?
Impersonate you online?
Create false media accounts to share inappropriate or false information about you?
Pester you?
Communicate with or about you?
Purported to act or communicate on your behalf?
Disclose to other persons private information about you?
Interfering with your property (including pets)?
Loitering in your vicinity (home/work/social activities)?
Use third parties such as family, friends, colleagues, Gardaí to facilitate their stalking of you?
Breach a court order?
Enter your home or vehicle to steal/move or leave items?

Have you had to make changes to your day to day routine such as:

Move house?
Alter your travel routes?
Alter your daily routines?
Increase security at your home or work place?
Change job?
Stop visiting family and friends?
Change or cancel hobbies/social activities?
Your health is suffering (anxiety/headaches/shortness of breath/insomnia)?

Support Services

BRIGHT SKY IRELAND APP:

Additional information can be found on “Bright Sky Ireland”. Bright Sky Ireland is a free app available on Google Play and Apple App Store. The app connects victims of domestic and sexual abuse to advice and support services across the country. It enables users to locate their nearest support centre by searching their area and provides information about different forms of abuse such as domestic abuse, sexual violence and harassment. It also provides a journal to record incidents of abuse by text, video, voice recording or photography.

Links: