Seanad debates

Tuesday, 17 December 2002

Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages.

 

If the applicant cannot locate the respondent and cannot effect service, the applicant will have to go to court again and seek an order. That is my understanding of the position. With regard to the law of service, the court can always deem service to be good in certain circumstances where the respondent cannot be traced. It is not the case that an applicant would have to return endlessly to court every eight days to obtain an order. However, under this scheme, where an order is about to lapse for one reason or another, the applicant will have to renew his or her application to the court before the operative last day. As Senator Terry has rightly pointed out, if the order lapses on a Friday, it will not be easy to find a district justice on Saturday, particularly one with jurisdiction. The Senator's point is well made but the applicant will have to come to court before the eight day period lapses. That is inescapable, given the purport of the legislation.

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