court order maybe?

sniperman · 02-07-2021 10:49am #1

hi all thanks for past help,would like opinions on this if you can,i know of a case where a woman assaulted her partner with a fire poker hitting him in the face,she was drunk,he already had a safety order against her,she breached that twice,she was arrested,and brought before the court next day,where she was bailed,until her court date in 3 months,the judge ordered her to stay away from the home and have no contact with the lad,she has been gone 6 weeks now,my question is when she goes to court next time,can the judge order her to stay away from the house permanently,like now,or will she be let back?he is afraid that she will be.

GerardKeating · 02-07-2021 10:52am

sniperman wrote: »

can the judge order her to stay away from the house permanently,like now,or will she be let back?he is afraid that she will be.

Yes the Judge can, she might even get a custodial sentence, perhaps suspended.

Claw Hammer · 02-07-2021 12:08pm

sniperman wrote: »

,can the judge order her to stay away from the house permanently,like now,or will she be let back?he is afraid that she will be.

He will have to keep a poker face until the hearing.

nibtrix · 02-07-2021 8:55pm

Claw Hammer wrote: »

He will have to keep a poker face until the hearing.

I feel sorry for you if you think that’s either funny or appropriate in this situation.

sniperman · 02-07-2021 8:59pm

thanks folks for heip,one more question for ye,if a person had a safety order against another,and vise versa,and on the day of the hearing the judge only granted one person the order,can the other person apply for a new order if the other person is making threats?thanks

Claw Hammer · 04-07-2021 1:20pm

nibtrix wrote: »

I feel sorry for you if you think that’s either funny or appropriate in this situation.

"appropriate"?

nibtrix · 04-07-2021 1:53pm

Claw Hammer wrote: »

"appropriate"?

Yeah. Do you think it’s appropriate to make a joke about domestic abuse, when someone is asking for information in the Legal Discussion forum?

Claw Hammer · 04-07-2021 1:57pm

nibtrix wrote: »

Yeah. Do you think it’s appropriate to make a joke about domestic abuse, when someone is asking for information in the Legal Discussion forum?

It is a hypothetical situation and clearly made up. It is not Personal Issues.

nibtrix · 04-07-2021 2:02pm

Claw Hammer wrote: »

It is a hypothetical situation and clearly made up. It is not Personal Issues.

It doesn’t say anywhere that it is hypothetical or made up, that’s just your interpretation. Even if it was, why would that make it ok to joke about domestic abuse?

It may not be Personal Issues, but neither is it After Hours or Nein11.

Claw Hammer · 04-07-2021 2:06pm

nibtrix wrote: »

It doesn’t say anywhere that it is hypothetical or made up, that’s just your interpretation. Even if it was, why would that make it ok to joke about domestic abuse?

It may not be Personal Issues, but neither is it After Hours or Nein11.

Legal advice is not allowed on this forum so you are alleging the the o/p is posting in breach of the forum charter?

nibtrix · 04-07-2021 2:13pm

Claw Hammer wrote: »

Legal advice is not allowed on this forum so you are alleging the the o/p is posting in breach of the forum charter?

Changing the subject a bit, no?
I alleged nothing about the OP. I specifically said they were looking for information, not legal advice.

If you think the OP is posting against the charter you could have said so, or reported the post to the mods, or ignored it and not responded.
Whether their post is in the right place or not, it doesn’t change the fact that you posted a joke making light of domestic abuse.

Claw Hammer · 04-07-2021 2:16pm

nibtrix wrote: »

Changing the subject a bit, no?
I alleged nothing about the OP. I specifically said they were looking for information, not legal advice.

If you think the OP is posting against the charter you could have said so, or reported the post to the mods, or ignored it and not responded.
Whether their post is in the right place or not, it doesn’t change the fact that you posted a joke making light of domestic abuse.

You denied the post was hypothetical. I don't consider the post is in breach of the charter because it is hypothetical. Why would I report something I don't think happened. There is no domestic abuse to make light of.

nibtrix · 04-07-2021 2:25pm

Claw Hammer wrote: »

You denied the post was hypothetical. I don't consider the post is in breach of the charter because it is hypothetical. Why would I report something I don't think happened. There is no domestic abuse to make light of.

Well, you were the one who brought up the OP possibly being against the charter, I was just responding to that point.

It’s fine, I understand now that you’ve clarified. You think it’s ok to make a joke about domestic abuse so long as it is a hypothetical situation. Apologies for any misunderstanding.

Sonic the Shaghog · 04-07-2021 2:28pm

If they have a protection order that's been breached surely they should now apply for a barring order?

Henry... · 04-07-2021 2:33pm

Sounds realistic to me

sniperman · 04-07-2021 3:24pm

thanks all for reply's,the story is a real case that i know of,and i think i got my answer from GK above that the judge can permanently order her away from the house,and to have no contact,that is what the lad is hoping for.

Gamily · 04-07-2021 11:23pm

Claw Hammer wrote: »

He will have to keep a poker face until the hearing.

Really?
Obviously you have no filter. Maybe it's time to start cultivating one?
You're not half as witty as you seem to believe you are.

sniperman · 06-07-2021 3:26pm

here is another question for ye,please read my op........if that woman was allowed back into the house,and she injured him again,would that not be negligence on the part of the courts/garda?

Peregrinus · 07-07-2021 1:19am

sniperman wrote: »

here is another question for ye,please read my op........if that woman was allowed back into the house,and she injured him again,would that not be negligence on the part of the courts/garda?

I don't see where the guards come into it. They don't grant or refuse barring orders, protection orders and the like.

As for the court, if you apply to court for an order, and are refused, your recourse is to appeal the court's decision. You don't get to wait and see if the decision works out badly and then sue the court.

07-07-2021 1:29am

sniperman wrote: »

here is another question for ye,please read my op........if that woman was allowed back into the house,and she injured him again,would that not be negligence on the part of the courts/garda?

Nothing to do with the gardai.
Perhaps he should apply for a barring order?
A safety order does not put people out of a house, it merely states the way they should or should not behave.
A barring order bars someone from the home.

sniperman · 22-07-2021 6:02pm

sniperman · 22-07-2021 6:18pm

hi folks,an update on my op,ive learned now that both he and she had safety orders against each other,her and the daughter told alot of lies about him,so 2 against one, judge granted them both orders,anyway she breached hers when she hit him with the poker,she was arrested,and bailed not to be near him,anyway she was in court this week and had the bail conditions altered allowing her back to the house,he is devastated,she still has to answer the assault charge in 3 months,he now thinks she will probably be let back to the house,he dos not think she will be kept away now after she has been let back this week,how on earth are 2 safety orders supposed to work in the same house?they are not to communicate etc,how could they let her back after what she done?does the man have to be really hurt before something is really done?is it any wonder men dont tell,there seems to be little help,anyway thanks all for replys

court order maybe?

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