THE NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997

This Act provides important protection in certain situations.  It covers a wide range of situations, including domestic abuse, harassment and stalking.  Unlike orders under the Domestic Violence Act, 1996, you don’t have to be married to or living with the abuser for 6 months to be protected.

This Act states that it is an offence to:

  • Threaten to kill or cause serious harm to you or your children;
  • Harass you.  Harassment includes constantly following, watching, pestering or communicating with you; it also includes telephoning you.  The harassment must seriously interfere with your peace and privacy or cause you alarm, distress or harm.

 

  • Force you to do something that you have a right not to do, or force you not to do something that you have a right to do.  The force may be:
  • Violence or intimidation to you or your family;        
  • Damage to your property;
  • Stalking, such as constantly following you from place to place, watching your home, watching where you work, or following you and making a scene in a public place.

Conviction for offences under this Act can mean a fine or imprisonment.  If he is harassing you, the court may order him not to communicate with you and to stay away from your home and/or your place of work.

How can you get protection under the Non-Fatal Offences against the Person Act?
Unlike the Domestic Violence Act, the Gardaí are responsible for prosecuting.  Therefore you cannot take a case yourself, but you can make a complaint about the abuser to the Gardaí, and ask them to prosecute.  To make a complaint you have to make an official, signed statement to the Gardaí.  If you are not sure how to do this, or want to talk to someone about taking this step, contact a Support Worker at the West Cork Women Against Violence Project.

Once you have made a statement, the Gardaí will investigate the case, and a file will be sent to the Director of Public Prosecutions (DPP).  The DPP will make a decision on whether to prosecute or not.  The Gardaí will lead the prosecution if there is a decision to go ahead. 

You will not have legal representation.  The accused will have a solicitor and you will be cross-examined.  You can ask to make a statement if you feel you are not being listened to.  You may need to speak to a more senior member of the Gardaí.

Domestic violence is not separate from the Criminal Law. Assaults, threats etc. may have consequences under Family Law but may equally raise matters under Criminal Law where the Gardai have powers to protect the abused person.