Seanad debates

Tuesday, 17 December 2002

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

 

Section 1 (b) provides that a new subsection (4) will be substituted for section 5(4) of the 1996 Act. This provides that a protection order may be made ex parte. Section 5(4), as it stands, provides that a protection order may be made "notwithstanding the fact that the originating document or other notice of the application required to be duly served on the respondent to the application for a safety order or a barring order has not been so served". As I have already explained with regard to section 4(3), this is a reference to the notice of the application for the final order – in this case a barring order or a safety order – not to any application for the interim relief. The proposed amendment to section 5(4) changes this by simply providing that a protection order may be made ex parte, that is, in the absence of and without notice to the respondent. Section 2 contains a standard provision for Short Title and collective citation.

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