Seanad debates
Tuesday, 17 December 2002
Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages.
Let us consider the position of a woman of limited financial means who may be simultaneously trying to obtain maintenance from her spouse. How could she be expected to give an undertaking as to damages? She may be a victim of violence and hesitate about seeking an interim barring order ex parte because she may expose herself to a risk of damages. We must remember that when we invite the courts to exercise a particular option – we know from our experience with the existing legislation that this gave rise to the difficulty in the Supreme Court – they often exercise it. It would be dangerous to include a reference to an undertaking as to damages.
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