Seanad debates

Tuesday, 17 December 2002

Domestic Violence (Amendment) Bill, 2002: Second Stage.

 

The effect of paragraphs (b) and (c) is that the application for an interim barring order must be made either on an affidavit or on a sworn information and, where an interim order is made ex parte, a note of any evidence given must be made and served, together with the order, and affidavit or sworn information, on the respondent as soon as practicable. In this way, the respondent will have full information on what has been alleged against him or her on the basis of which he or she has been barred from the home. Paragraph (c) provides that the note of the oral evidence shall be prepared by the judge, the applicant or the applicant's solicitor and approved by the judge or as otherwise directed by the judge. In the case of applicants for an ex parte interim barring order in the District Court, which represents the majority of cases, it would be unusual for such persons to be accompanied by a solicitor and they may not be fully in a position to make an adequate note of their evidence. To ensure that such cases are attended to, the judge may make the note or may direct that it be done in some other way, for example, by obtaining the services of a stenographer.

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