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GAZETTE
JUNE 1996
Section 2.2. (b), Section 3.(3) (c)
and Section 5 (1) (b) provide that a
Sa f e ty Order, a Barring Order or a
Protection Order may be ma de
against a respondent w h o wa t c h es
or besets a place wh e re the
applicant or a dependant person
resides.
S e c t i on 6 of the Act g i v es p ower to
the Health Board to apply for
certain orders on behalf of an
a g g r i e v ed person in certain
circumstances. This section of the
Act d o es not c o me into force until
1st January 1997 due to the
importance the Health Board place
on putting into operation the
p r o v i s i o ns of the Child Care Act
1991 wh i ch o n ly recently c ame
into operation.
The Courts also have e x t e n s i ve
n ew p owe rs to refer c a s es to the
Health Board for investigation in
certain circumstances.
In addition, under S e c t i o ns 8 and 9
the Courts are emp ow e r ed to make
Orders under various Ac ts without
the institution of separate
p r o c e e d i ngs under those Acts. The
Ac ts are the Guardianship of
Children Act 1964, the Family
Law (Maintenance of S p o u s es and
Children) Act 1976, the Family
H o me Protection Act 1976 and the
Child Care Act 1991.
I s s u es of C o n c e rn a n d L o st
O p p o r t u n i t i es
Wh i le the Act s e e ks to address the
problem of d ome s t ic v i o l e n ce in a
c omp r e h e n s i ve way there are in fact a
considerable number of c on c e r ns in
relation to a n oma l i es contained in the
Act, and matters wh i ch have not been
dealt with.
1. A very important category of
p e o p le w h o are subject to d ome s t ic
v i o l e n ce were not included,
i.e. those parties w h o do not
co-habit but have a child in
c ommo n.
2. Sections, 3, 4 (a) and (b) e p i t omi se
the struggle b e t we en property
rights and the rights to bodily
integrity.
3. The extension of jurisdiction to the
District Court to grant Barring
Orders for up to three years.
N o indication is g i v en as to the
level of information wh i ch
should be g i v en to the respondent
or to the protection of the
respondent's right to due process
g i v en the seriousness of the
penalties wh i ch can be l e v e l l ed
against him/her. The granting of a
Barring Order for three years
wo u ld e f f e c t i v e ly sound the
death knell for any marriage.
In addition there is a provision
for an e x t e n s i on of the original
term granted by the District Court
and no indication of any
requirements as to whether fresh
e v i d e n ce will be sought or whether
the e v i d e n ce originally tendered
wo u ld be sufficient to grant an
extension.
Ho w Yo u Ca n Hel p Th
Donkey s I n Irelan d
Over 1,200 donkeys have been taken into our
care. Many like Thomas rescued from a life of
neglect and suffering. Thomas' hooves had been
.allowed to grow so long he could stand for only
very short periods.
We believe that donkeys deserve to be treated
humanely - they have served us well over the
years pulling carts and hauling peat. We owe
them the opportunity to spend their retirement in •
peace with adequate care and attention.
Please help us to help them by
leaving a legacy for their future.
For more information please contact:
Paddy Barrett, Manager, The Donkey Sanctuary,
(Dept LSG), Knockardbane, Liscarroll,
Mallow, Co. Cork.
U.K. Reg. Charity No. 264818
Tel: (022) 48398
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