Home > Issues > Domestic Violence > Domestic Violence legislation proven to be a crime against humanity - Compare 6 step process for evicting a tenant with the 1 step process for evicting a Spouse under the Domestic Violence Act (in Ireland)

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Domestic Violence legislation proven to be a crime against humanity

- - Compare 6 step process for evicting a tenant with the 1 step process for evicting a Spouse under the Domestic Violence Act (in Ireland)

Roger Eldridge 2018

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It is no exaggeration to state that the implementation of the Domestic Violence Act is a crime against humanity - and that is shown by comparing the 6 step process for evicting a tenant with the 1 step process for evicting a Spouse under the Domestic Violence Act

I attach* a copy of a typical Council's Strategy for dealing with anti-social behaviour covering the whole range of misconduct including the use of drugs and actual violence and have extracted a page where the process is explained in a simple flow chart.

A tenant who it is claimed is exhibiting anti-social behaviour - and this is explicitly specified in the Housing (Miscellaneous Provisions) Act, 2014, unlike in the Domestic Violence Act which fails to specify even what the "conduct" is, let alone misconduct that the court should assess in order to issue a “Barring Order” - is given one verbal notice and at least three written notifications that the continuation of specified 'misconduct' will result in specified consequences including the issuing of an Excluding Order.

The steps leading up to and including the Excluding Order itself can be appealed and only when this process has been exhausted can the gardai be brought in to enforce a Possession Order.

In the District Court under their Civil jurisdiction judges issue a Summons for a "Barring Order" without any detail as to what behaviour the Respondent is alleged to have done.

The rules do not require any Sworn Affidavit or Sworn Information to be filed by the Applicant and included with the Summons so any Respondent turning up in court will be ambushed - the rules of law are supposedly there to prevent ambush - as they can not prepare any rebuttal of any allegation made in the secret court.

At that so-called "hearing' a judge will issue a "Barring Order" and the Respondent will be removed from his or her Family Home the next day by force from An Gárda Síochána if necessary. Any appeal will take up to 6 months to be listed in the Circuit Court and so the Family has been forcibly dismembered by the court.

Note: no crime has been alleged, nor could a judge in a Civil jurisdiction deal with any such allegation of crime.

If a crime were to be alleged the Gardai would bring a public law prosecution in open criminal court under the Non fatal Offences against the Person Act or similar, NOT under the Domestic Violence Act.

By a simple comparison with the Housing (Miscellaneous Provisions) Act which is meant to deal with the same anti-social behaviour as complained of in domestic disputes it is blindingly obvious that the Domestic Violence Act is about as unlawful as any law could be and a total violation of due process, notwithstanding that the Constitution guarantees that the State has NO POWER to interfere with the Family in a civilm court.

The State is given a duty in the Constitution" to protect the Family in its constitution and authority, as the necessary basis of social order and as indispensable to the welfare of the Nation and the State" and "pledges itself to guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack."

The courts issue 10,000 Domestic Violence orders every year which all violate due process and the the rights of the Spouse and children removed from their Family Home.

Since 1996 this represents 100,000 Families and approximately 400.000 Irish People who had their lives purposely destroyed by the State and the courts.

This is treason against its People and a crime against humanity of epic proportions.

Roger Eldridge
Executive Director, Institute of Family and Marriage
National Office: Knockvicar, Boyle, Co. Roscommon
Email: familymen@eircom.net
Telephones: 00353 (0) 7196-67138 00353 (0) 83-3330256

* (Not included in this webpage version of the original email).

Summary Haiku:

Men have no rights,
but aren't less human.
We blame sexism.

 

 

 

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29 March 2018

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