DOMESTIC VIOLENCE – MEN SUFFER TOO!

While it is often portrayed as such, domestic violence does not always involve a female victim and male abuser. A National Study of Domestic Abuse found that 213,000 Irish women and 88,000 Irish men have been severely abused by a partner at some point in their lives. Yet only 5 per cent of those men reported it to the Gardai - a much lower percentage than women (29%). 

It is not hard to understand why. The Domestic Violence Act, 1996, is ‘gender-neutral’ in that it is legislation there to protect anybody affected by abuse; spouse, partner, man or woman. The reality is very different. For a long time domestic abuse was as a gender issue. In the patriarchal society of times gone by, men were the heads of the household and women the subordinates. Men were therefore the usual perpetrators of abuse when it happened. That much is fact. But times have changed. And so must our response to this issue. 

Domestic violence is no longer a cross only women bear. One in six men will be severely abused by their partners at some point in their lives! That is a shocking statistic. And we’re only talking here about severe abuse! Though issues like stigma and shame play a big role in why men are reluctant to report cases of domestic abuse - the worry that they’d be seen as ‘less of a man’ can be a huge obstacle in accessing support. 

Worry about child custody is another common reason why men may choose to ‘stick with it’ rather than leave their abusive relationship behind. If they leave the family home, such is the unequal state of family law in Ireland, there is no guarantee that these fathers will be permitted regular contact with their kids, never mind custody or joint custody. 

For unmarried fathers, the position is even worse. There are, however, things that can be done that afford fathers – married or not - some rights such as applications for guardianship, custody or access. For men who have suffered any type of domestic abuse there are also remedies available to them - barring, protection and safety orders for instance. 

Male domestic abuse is on the rise and in the first instance the extent to which it exists needs to be recognised

Kevin Brophy,
Brophy Solcitors.

LANDLORDS BEWARE

We have acted for many years for non-nationals, who wish to reside in Ireland. I am happy  to say that our immigration solicitors have developed an excellent reputation and we are now in a position whereby many of the clients who are allowed to remain in Ireland have now moved on and they are coming to us for advice in relation to other areas. One particular area in which our non-national clients are having difficulties is an area that applies to everybody and that relates to tenancies.

Over the past three or four weeks, we have opened approximately two new files per week in relation to clients and sometimes families, who are being harassed and intimidated by landlords.

The common theme is that the landlord demands that the tenants simply leave the property. The tenant refuses and a landlord then serves an invalid notice to quit stating that they have to leave the property within a number of days. Another common feature is that the landlord will often come round to the house and use his own key to gain entry and try to “persuade” the tenants to leave. They tend to say that they will be back at the weekend and they will change locks or take other action to force the tenants to leave. 

All of these actions are illegal. We have acted for clients who have received substantial awards from the Private Rented Tenancies Board. The procedure for terminating a lease is very clearly set out in the Private Rented Tenancies Act and the Board take it very seriously when a landlord is seen to be acting vigilante-style outside the parameters of the Act and in many cases will award substantial damages for trespass and/or breach of contract.

If a tenant is being harassed or intimidated in this manner or if an effort is being made to evict the tenant illegally, then the tenant has an immediate remedy with the PRTB and if an immediate threat of eviction is made, an application to court can be made seeking an injunction to prevent the landlord from carrying out an illegal eviction. 

So the moral of the story is that if you are a landlord this does not mean that you are entitled to act above the law.

Kevin Brophy,
Brophy Solcitors

IS THIS THE END OF DRUNK DRIVING?

It’s a sobering thought to think that in a few years time, the number of drink driving offences should be reduced to zero.

In July 2008, Finland became the first country in the EU to legislate on Alcolocks. This is a locking device which effectively immobilises the car, if the driver’s breath contains alcohol. Since Finland introduced legislation under this heading, Sweden and France have followed on. The Swedish Transport Agency say that they intend to fit 75% of all government vehicles with an Alcolock by the end of this current year. 75,000 voluntarily installed Alcolocks are in place in vehicles used in commercial and public transport in Sweden.

What do you think - will the day ever arrive when the latest model of a particular car will come with an Alcolock as standard?   Drink up ladies and gentlemen, the end is nigh.

Kevin Brophy 

31.07.12