Our Family Law partner Claire Edgar was a guest speaker at the Bar Council for Northern Ireland’s Conference on domestic abuse which took place on 23^rd February 2023.

The Conference, entitled “The Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021, One Year On – Review and Renew” brought together a range of various professionals across the voluntary, academic and justice sectors to look at domestic violence and the impact it has on victims as well as providing a review on Northern Ireland’s policy and legislative framework. 

As Chair of the Belfast Area Domestic Abuse Working Group, Claire provided an overview of how the Family Homes and Domestic Violence (NI) Order 1998 currently provides protection to victims of domestic violence and also explored the legal developments brought about in a number of Judicial Review challenges regarding Non Molestation Orders. These challenges looked at the following: -

1. The Court’s power to extend emergency Non-Molestation Orders.

2. The hearing of Non-Molestation Order cases where there are linked criminal proceedings.

3. How appeals are dealt with when an application for an emergency Non-Molestation Order is refused.

Claire comments,

“It was a pleasure to be asked to speak at a Conference focusing on coercive control, a phrase that many of us until recent years had seldomly heard but one which has now become engrained in my daily practice as a lawyer working in the sphere of domestic abuse. 

There can be no doubt that the introduction of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 and the criminalisation of non-physical abusive behaviour is a huge milestone in tackling domestic abuse within our society and protecting victims. 

Despite the global pandemic and several periods of national lockdown, it is clear through the judicial review challenges that there have been welcome efforts made by lawyers, the judiciary and legislators alike to challenge and protect the civil law surrounding domestic abuse in Northern Ireland. 

We must continue to challenge the Courts on any perceived failure to provide protection to those who are suffering from domestic abuse and advocate on behalf of all victims to ensure they are granted the protections they so desperately need”.

For any advice or assistance relating to matters regarding domestic abuse, Claire can be contacted on 02890 243901 or by email on cedgar@fhanna.co.uk