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False allegations of abuse struck out- what next

  • 18-01-2016 10:30am
    #1
    Joshua5
    Registered Users, Registered Users 2 Posts: 374 ✭✭


    Hi all,

    I'm writing this as I cannot find a single thing online from Ireland about punishment for false accusations. Leads me to believe there is nothing that can be done.

    I've recently been through some serious family court issues, I had a safety order granted against me. I self represented to my detriment but it's in appeal and my legal rep is confident of a strike out.

    This safety order lead me to being arrested for a breach of the order, a criminal matter which I had to disprove in court. It was very difficult, 3 days in custody, 4 hearings, nearly convicted, assessed by the probation services and in the end it gets struck out as new evidence came to light showing the claims are false. Obviously I cannot go into details but I'm innocent and as a result got the strike out.

    All in all about 5 or 6 milicious accusations have been made against me, mostly in family court because of a difficult separation/divorce.

    As a result of the accusations which have now been struck out my access was reduced to my children, my career has been deeply affected, my own personal and family life has taken a battering.

    It doesn't appear that either the courts or the legal system allows for any sort of redress for this. I expect to have a clean slate from Feb when the appeals are heard but this has been expensive, emotionally draining and damaging. Why doesn't there appear to be a channel one can take to bring a false accuser to task?


Comments

  • #2
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    You have legal representation so all that remains is for me to pontificate as to why having such a mechanism, at least one led by the victim, would be quite a bad idea. You did not have to disprove the breach of the order, merely defend the accusation. While I realise this was a draining experience, unfortunately it's the best system when the alternatives are considered.

    While there would be a number of defences available for reporting to AGS and what was said in court, a defamation case might be considered. One could also investigate the possibility of a perjury prosecution but you'd have very little control of that going forward.

    All in all something to discuss with your solicitor.


  • #3
    Joshua5
    Registered Users, Registered Users 2 Posts: 374 ✭✭Joshua5


    MarkAnthony wrote: »
    You have legal representation so all that remains is for me to pontificate as to why having such a mechanism, at least one led by the victim, would be quite a bad idea. You did not have to disprove the breach of the order, merely defend the accusation. While I realise this was a draining experience, unfortunately it's the best system when the alternatives are considered.

    While there would be a number of defences available for reporting to AGS and what was said in court, a defamation case might be considered. One could also investigate the possibility of a perjury prosecution but you'd have very little control of that going forward.

    All in all something to discuss with your solicitor.

    I beg to disagree, I had to disprove the breech of the order 100%.

    No violence, no bad behavior but she claimed she was in fear after I arrived under her invitation 15 minutes early to collect our children. It's been a nightmare, costly and humiliating.


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