MALE VICTIMS OF DOMESTIC VIOLENCE Informing Social ... - Amen

If a person commits a violent act against another person outside the ‘family unit’ it is
considered a criminal offence by law, but if a violent act is committed against a member
of the ‘family unit’ it is not, by law, a criminal offence. It is very arguable that these
actions are indeed a criminal offence (Swindells, et al, 1999).
Male victims of domestic violence strongly believe that the legal system does not offer
the same level of protection as provided to female victims. In Ireland as elsewhere
there is a perception within the court system that it is indeed more difficult for a man to
receive justice than a woman (Cook, 1997.; McKeown and Kidd, 2003). Despite the
fact that domestic violence legislation is gender neutral (Fahey and Lyons, 1995).
Some Irish barristers have also suggested that a higher standard
of proof may be needed for male rather than for female
complainants of domestic violence.
(Woods, 1998.; Corrigan, 1998. cited in McKeown and Kidd, 2003:91)
Under the Domestic Violence Act 1996 victims of domestic violence can apply for the
following orders. ‘Safety Order Under Section 2 of the Act’, ‘Barring Order Under
Section 3 of the Act’, ‘Interim Barring Order Under Section 4 of the Act’ and
‘Protection Order Under Section 5 of the Act’. Ancillary orders may also be applied for
under section 9 of the Domestic Violence Act without a separate application on the day
of the court. An ancillary order entails custody, access, maintenance and/or
guardianship proceedings (Kennedy and Maguire, 1999).
Amen offers support and assistance for male victims of domestic violence applying for
these orders. Amen recommends that male victims get legal advice from a family law
solicitor, but in cases where the man is representing himself he may be allowed to take
one other person with him into the court room. This person is known as a ‘McKenzie
Friend’ (Cleary, 2003). People who cannot afford legal representation can avail of free
legal aid, through the free legal aid board if the requirements are met.
Male victims of domestic violence and social work
Domestic violence is an issue that is prominent in the area of social work practice.
Workers working in the areas of housing, refugees, education, health, social services,
20