Domestic violence generates almost half of all the family law applications that are made in the District Court, new figures show.
The statistics, which reflect the scale of domestic violence in Ireland, are contained in new research aimed at providing an insight into an area of law traditionally kept hidden from public view.
Some 20,900 family law applications were processed by the District Court last year, of which 9,924 involved applications for protection against violence or the threat of violence.
Individual cases outlined in the latest edition of Family Law Matters, published by the Courts Service yesterday, indicate that domestic violence affects all age groups, including elderly couples. It also shows cases of parents seeking protection against their violent or out-of-control adult children.
The most common form of protection sought in court was a protection order (a temporary measure, generally prohibiting threatening behaviour), most of which were granted last year.
However, less than half of barring orders (preventing a person from entering the family home or threatening a family member) were granted, with most either withdrawn or struck out. Applications for safety orders (which prohibit a person using or threatening violence in the home but allow them to remain in the home) followed a similar pattern.The report also shows that the vast majority of applications for custody, access and guardianship of children are granted.
For example, of the 1,742 applications for guardianship from unmarried fathers, 1,268 were granted, and 432 were withdrawn or struck out, the report said.
Most applications for maintenance payments were also granted. Of the 4,207 applications for maintenance (2,652 of them relating to unmarried couples), a total of 2,909 were granted, 1,204 were withdrawn or struck out and 94 were refused.
The report notes the "enormous volume" of family law being processed by the District Courts and the frustration facing many judges and family members who come in to contact with the family law system.
One judge, who is not named, said members of the judiciary were not able to give individual cases adequate time, leaving people feeling hugely frustrated that important matters in their lives were not being respected or appreciated by the court system.
In a commuter town, one judge showed a family law reporter his lists for a period, showing that 70 applications in one day were by no means exceptional.
Family law cases are subject to a strict in camera or privacy rule. However, recent changes have allowed for the research provided people's identities remain anonymous. The author of the study is Irish Timesjournalist Dr Carol Coulter, who was appointed by the Courts Service for a year to produce a series of family law reports.
