No requirement for actual evidence in barring orders

THE article

Mon, 21 Oct, 2002 - 01:00

John O’Keeffe in the Irish Examiner (October 10) contains one very misleading statement. In referring to the fact that the majority of interim barring orders subsequently lead to full barring orders, he states: “Evidence showed that individual men had been violent towards their partners….”

In actual fact, under the Domestic Violence legislation there is no requirement to produce any evidence. Cases are decided on the "balance of probabilities". Barring orders can be, and most are, granted on the basis of uncorroborated allegations, with no evidence required. 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 made comprehensive submissions to the then Minster for Justice, pointing out a number of flaws in this legislation, including that identified by the Supreme Court in its recent judgement. Now, over three years later, the position of both organisations has been vindicated.