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The other side of domestic violence - The Accused.

  • 16-10-2015 2:05pm
    #1
    bcklschaps
    Registered Users, Registered Users 2 Posts: 1,107 ✭✭✭


    Might be an unpopular thread, but methinks a situation any man could find himself in, very easily.


    True Story.

    Recently a friend of mine was served with a temporary 2 Mile exclusion barring order from a house which he owned and had shared with his partner for the previous 5 years. (no kids)

    She claims he beats her.

    He had to find temporary accomodation while continuing to pay the Mortgage on the house where this partner lives. She only works part-time and would not be able to pay the full Mortgage.

    She has put a little money into the house over the years, but only a couple of €1000's worth. (So, much less than the equivalent rent, had she been paying it over the years). His is the only name on the Mortgage/deeds etc.


    All of this, based on a pre-hearing where he was not given a chance to tell his side of the story. He is contesting the case as it is based on his partners testimony only. (so... he said/she said scenario)

    The case comes up for full hearing in the coming Months.

    He has already been advised by his legal team that 'The man doesn't win these types of cases' and to just accept whatever the whim of the judge is on the day...and to be courteous and thankful.

    He is bricking it, that if he loses the case (or even if he wins the case), he will end up having to pay the Mortgage on a house for her to live in. Despite the fact that they are not married and do not have children. She is effectively cuckoo-ing him out of the house under false pretenses.


    Whatever the rights & wrongs of domestic violence etc. Is this a crazy loophole in Irish law ?

    or is he worrying necessarily ? will the Judge maybe order her to vacate the house, so that way he can move back in ?


Comments

  • #2
    Atlantic Dawn
    Registered Users, Registered Users 2 Posts: 84,761 ✭✭✭✭Atlantic Dawn
    M


    Who's name(s) are on the mortgage?


  • #3
    bcklschaps
    Registered Users, Registered Users 2 Posts: 1,107 ✭✭✭bcklschaps


    Atlantic Dawn wrote: »
    Who's name(s) are on the mortgage?


    My friends name only.


  • #4
    January
    Closed Accounts Posts: 23,862 ✭✭✭✭January


    Sell the house is the easy answer here.


  • #5
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #6
    Finnbar01
    Registered Users, Registered Users 2 Posts: 2,077 ✭✭✭Finnbar01


    Out of interest, how long was he going out with her before he decided to ask her to move in with him?


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  • #7
    One eyed Jack
    Registered Users, Registered Users 2 Posts: 24,446 ✭✭✭✭One eyed Jack


    Finnbar01 wrote: »
    Out of interest, how long was he going out with her before he decided to ask her to move in with him?


    Wouldn't matter in these circumstances, the statutes of the Cohabitation Act have already kicked in, which could make it difficult to sell the house from under the ex-partner either -

    bcklschaps wrote: »
    Recently a friend of mine was served with a temporary 2 Mile exclusion barring order from a house which he owned and had shared with his partner for the previous 5 years. (no kids)


    There's no way anymore here could determine the outcome of a case based upon such a small amount of information in all fairness though.


  • #8
    zeffabelli
    Closed Accounts Posts: 2,516 ✭✭✭zeffabelli


    This is not an uncommon tactic.

    The lawyers shouldn't give up so easily. They are being paid to fight so make them fight.

    The first way to do this is to challenge and create doubt in the original statements submitted.

    This is not an evidence based court but a narrative one. Medical evidence will be next to impossible to dispel but if it's just he said/she said they can at least try with a counter narrative.


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