Barring orders: let’s be fair
In fact, under the domestic violence legislation, there is no requirement to produce evidence. Cases are decided on the 'balance of probabilities.' Barring orders can be and most are granted on the basis of uncorroborated allegations Also the granting of an interim barring order can prejudice the subsequent hearing against the accused.
In June, 1999, both the Law Society and AMEN (Male Victims of Domestic Violence) made submissions to the then Minister for Justice, pointing to a number of flaws in this legislation, including that identified by the Supreme Court in its recent judgement.