Seanad debates
Tuesday, 17 December 2002
Domestic Violence (Amendment) Bill, 2002: Second Stage.
I now move on to the proposed paragraphs (b) and (c) of the new subsection (3). Applications for interim barring orders, prior to the finding of the Supreme Court, were generally made on a sworn information. However, they were often supported by oral evidence given by the applicant to the judge. I understand that while the sworn information was frequently made available to the respondent, practice differed from court to court and sometimes the information was not made available. The oral evidence, however, was not recorded in a note or otherwise nor was it communicated to the respondent. This issue has been highlighted in a report of the Law Society law reform committee entitled, Domestic violence: The case for reform, published in May 1999. This report proposed that court rules be amended to require that ex parte applications for a protection order or an interim barring order be made on affidavit and that the respondent automatically be provided with a note of all the evidence given at the hearing.
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