K v. Crowley [2002] IESC 66 (09 October 2002)

K v. Crowley [2002] IESC 66 (09 October 2002)

Section 4(3) of the Domestic Violence Act, 1996 is unconstitutional insofar as it permits ex parte interim barring orders of indefinite duration without a fixed, short time limit, thereby depriving respondents of the protection of audi alteram partem in a disproportionate, unreasonable, and unnecessary manner.

Source-derived case information.

Citation
[2002] IESC 66
Parties
Applicant: D. K.; Respondent: Judge Timothy Crowley; Respondents: Ireland and the Attorney General; Notice Party: The Director of Public Prosecutions; Notice Party: L. K.
Jurisdiction
Ireland
Judgment Date
09 October 2002
Procedural Posture
Judicial Review / Supreme Court Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Domestic Violence, Interim Barring Orders, Natural Justice, Audi Alteram Partem, Proportionality, Ex Parte Proceedings, Constitutionality of Legislation
Constitutional Law Family Law Civil Procedure Domestic Violence Interim Barring Orders Natural Justice Audi Alteram Partem Proportionality +2 more

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Parties

D. K.

Applicant

Judge Timothy Crowley

Respondent

Ireland and the Attorney General

Respondents

The Director of Public Prosecutions

Notice Party

L. K.

Notice Party

Procedural Posture

Judicial Review / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether s.4(1), (2), and (3) of the Domestic Violence Act, 1996 are unconstitutional for failing to provide fair procedures and adequate protection of the respondent's rights, particularly in relation to ex parte interim barring orders.

Ratio Decidendi

Section 4(3) of the Domestic Violence Act, 1996 is unconstitutional insofar as it permits ex parte interim barring orders of indefinite duration without a fixed, short time limit, thereby depriving respondents of the protection of audi alteram partem in a disproportionate, unreasonable, and unnecessary manner.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court set aside
  • Declaration that s.4(3) of the Domestic Violence Act, 1996 is invalid having regard to the Constitution