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Barring order

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  • 29-04-2011 3:15pm
    #1
    chrabo
    Registered Users Posts: 168 ✭✭


    Hey

    i get interm barring order, my wife sad in court that she is in fear of me,

    there is no medcial repoerts, gardai etc that was nay violence agains here, what i have to do in court next week?? She can get that or usually we can get chance to mediation??

    thx


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    #2
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    You should get a family law solicitor. If there has been no violence or threats of violence the court may only grant a safety order against you. If there has been no agro at all then they may grant nothing. It is up to your solicitor to fight your case.

    The fact that she was given an interim barring order and not a protection order means she most likely claimed there was violence of some sort in the relationship.


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    #3
    chrabo
    Registered Users Posts: 168 ✭✭chrabo


    She want e to move out from home, and she sad in court that she had broken finger in january, but was no raports ,gardai action etc. In the time when i waiting for court, can i see mu kids??


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    #4
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    chrabo wrote: »
    She want e to move out from home, and she sad in court that she had broken finger in january, but was no raports ,gardai action etc. In the time when i waiting for court, can i see mu kids??

    If you go near the house you will be in breach of the barring order. You can arrange to see your kids through a third party. You really need a solicitor. If she alleged you broke her finger you will need to be prepared to fight this accusation in court.


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    #5
    chrabo
    Registered Users Posts: 168 ✭✭chrabo


    so she have to allow to see my kids?? if let say i go to garda station and i say i woudlike to see them they can ring here or i this time??


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    #6
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    chrabo wrote: »
    so she have to allow to see my kids?? if let say i go to garda station and i say i woudlike to see them they can ring here or i this time??

    It's nothing to do with the gardaí. Your solicitor should contact hers to try arrange something if there is no custody agreement currently in place.


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    #7
    chrabo
    Registered Users Posts: 168 ✭✭chrabo


    its looks fine i dont have to wory about barring order.

    thx guys


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    #8
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    chrabo wrote: »
    its looks fine i dont have to wory about barring order.

    thx guys

    If there is an interim barring order in place you do have to worry. The Gardaí have a pro-arrest policy for any breach of barring orders and do not require a complaint from the applicant to prosecute.


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    #9
    chrabo
    Registered Users Posts: 168 ✭✭chrabo


    yes, i cant breake the order, but my silictor told me there is no much problem cuz its no evidence, no gardai report medical reports and stuff, in that sytutaion i have no law convictions as well, there is no witness etc. We fathers cant just site down and wait, we need to do much as possibole to have a chance to bulid up famill again.


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    #10
    lms4930
    Closed Accounts Posts: 1 ✭lms4930


    I have to say men are treated very unfairly. My wife accused me of abuse, he gardai came to me and said there was no evidence of abuse here had'nt been any ) bu she wen that day and got a protection order !! How can anyone accuse someone of wrongdoing, get an order without any evidence. Surely there should be some way to put my case against this.


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    #11
    babymamma
    Registered Users Posts: 15 ✭babymamma


    Can someone let me know …..as my Husband has an Interim order
    He wants both of us to go counselling separated and then go for mediation
    Will this be ok ...seen he has an Interim Barring order
    He sees the 2 children every Saturday [no he was not violent as in hitting]
    It was all about him been emotionally abusive towards me
    Thanks


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    #12
    whomitconcerns
    Registered Users Posts: 4,319 ✭✭✭whomitconcerns


    Talk to your solicitor


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    #13
    Irishphotodesk
    Registered Users Posts: 1,896 ✭✭✭Irishphotodesk


    Might be useful to some of the people on this thread.

    https://www.irishtimes.com/news/crime-and-law/alleged-perjury-during-in-camera-hearings-can-be-investigated-court-rules-1.3989943


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    #14
    FishOnABike
    Registered Users Posts: 4,393 ✭✭✭FishOnABike


    Irishphotodesk wrote: »
    Might be useful to some of the people on this thread.

    https://www.irishtimes.com/news/crime-and-law/alleged-perjury-during-in-camera-hearings-can-be-investigated-court-rules-1.3989943

    I think that's a ruling significant enough to warrant a thread of it's own. Together with the Perjury and Related Offences Bill, 2018 (https://www.oireachtas.ie/en/bills/bill/2018/112) if passed (currently at Dåil Third Stage) it could contribute to some long needed changes in family law.


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