Seanad debates
Tuesday, 17 December 2002
Domestic Violence (Amendment) Bill, 2002: Second Stage (Resumed).
The amendments we are debating will provide greater protection to victims of domestic violence and the legislation will address last month's Supreme Court ruling on the unconstitutionality of interim barring orders because of the absence of time limits on the operation of such orders and other concerns raised by those working in this area with regard to the Domestic Violence Act, 1996. This Act allows one partner to go to the District Court and swear information to apply for an interim barring order against the other partner, who does not have to be notified. No time limit is set on the operation of the order, which can stay in place until a full hearing. In delivering the judgment of the court, the Chief Justice, Mr. Justice Keane, said that the Legislature's failure to impose any time limits on orders with such draconian consequences was inexplicable. In the resultant confusion, some perpetrators of abuse have moved back with their partners following the rescinding of interim barring orders, forcing women to take refuge in emergency accommodation.
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