Seanad debates

Tuesday, 17 December 2002

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

 

Among the proposals which have come from various sources are the following: eligibility criteria for orders under the Domestic Violence Act, 1996, should be extended to include a person with a child in common; the residence requirement for eligibility for a barring order in the case of unmarried cohabitees should be reduced from its present level which is six months out of the previous nine; the residence requirement should be removed for cohabitees seeking a safety order and for cohabitees with sole ownership or tenancy rights in the home seeking a barring order; provisions should be introduced permitting parents or elderly relations to apply for protective orders against abusive relations or persons other than an adult child and such provisions should include safety or barring orders against such relations or persons residing in the home and safety orders against those residing elsewhere; there should be a category of associated persons who would be entitled to apply for a safety order and a non-exhaustive list of such persons should be provided; associated persons with sole ownership or tenancy rights in the home should be entitled to apply for a barring order; the case has been made that there should be either detailed statutory guidance or a list of standards to be considered by the courts in determining whether to grant protective orders; there should be statutory guidance with regard to welfare based applications; further statutory guidance should be provided regarding the standard of proof necessary to establish abuse; and the probation and welfare service should be given a clear statutory role in relation to domestic violence cases and an increased role in supervised access arrangements.

Comments

No comments

Log in or join to post a public comment.