Seanad debates
Tuesday, 17 December 2002
Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages.
Brian Lenihan Jnr (Dublin West, Fianna Fail)
The judge is not extending the interim order, because the respondent is present. Once the respondent is present there is power to make a confirming order. Therefore, in those circumstances the judge can make a confirming order of limited duration so that the respondent has the necessary time to prepare before making the case in court. That power is available within the discretion of the court. The fact that the Oireachtas has now prescribed this definite time limit for the interim order means that judges will take that course of action in the contingency the Senator outlined. Where a respondent seeks time to prepare a case the judge will ask, "How much time do you need? I will confirm the order until we can hear your case, unless you can show good reason now why I should not confirm the order." That is an approach that will be taken.
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