Seanad debates

Tuesday, 17 December 2002

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

 

Paragraph (d) of the proposed new subsection (3) addresses the main point in the Supreme Court's judgment, namely, that the court held that the provisions of section 4, as they relate to ex parte interim barring orders, in failing to prescribe a fixed period of relatively short duration during which such an order would continue in force, deprived the respondents to such applications of the protection of the principle of audi alteram partem, that is, that the other side should be heard, in a manner and to an extent which is disproportionate, unreasonable and unnecessary. Paragraph (d) provides that the ex parte order shall have effect for not more than eight working days unless, on application by the applicant for the barring order and on notice to the respondent, the order is confirmed within that period by order of the court. A time limit is placed on these orders by the legislation.

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