The Supreme Court decision on interim barring orders has given rise to serious concern among those representing victims of domestic violence.
Fears have been raised that such victims, and potential victims, could now have their lives put at risk because of the questionable status of these orders.
The interim barring order was designed to protect those in imminent danger of serious assault in their homes, and their dependent children. It was often granted ex parte, that is, without the alleged perpetrator being able to put his or her side of the story. The opportunity to do this only arose when a full barring order was sought and granted at a later date.
Unfortunately, this could take time. While the Courts Service has pointed out that the delays have been considerably reduced, and now there is rarely more than a month between an interim barring order and a full hearing, the Supreme Court found the lack of legislative provision for an early review of the interim order was unconstitutional.
Domestic violence is rightly condemned across society, and it is of the utmost importance that its victims are protected. But it is also important that the integrity of the justice system is maintained for everyone, and that the principles of natural justice - that a person can defend him or herself against an accusation - is preserved. This can be lost sight of when an emotive crime, like domestic violence, is involved. For this reason, the Supreme Court judgment is to be welcomed, and was perhaps overdue. However, the need to provide protection for vulnerable women and children remains, and must be urgently addressed by the Government and the Oireachtas.
But even while this is awaited, certain protections do exist. The battery of measures in the Domestic Violence Act includes safety and protection orders, as well as full barring orders. Even interim barring orders have not been ruled unconstitutional per se. Instead, the courts must now ensure that, where they feel they have no alternative but to issue such an order, there is an early opportunity for the person named to contest it. Victims and their support groups should be reassured by this.
The judgment also prompted the men's lobby group, Amen, to call on recipients of interim barring orders to sue the State. This is an unfortunate response, and will do nothing to win support for their often justified criticisms of aspects of the family law system.