Judge directs service of a protection order on a father where wife too afraid to make the application – 2023vol1#61

A judge in a rural court directed that a protection order sought by the Child and Family Agency (CFA) be served on a father of two young children by the Gardaí. The children’s mother had suffered abuse from her husband. She had previously applied for an interim barring order but had withdrawn it through fear.

The CFA lawyer informed the judge that she was making an application under Section 11 of the Domestic Violence Act 2018 for a protection order for the mother of two children of pre-school ages. The lawyer said that the CFA could use this section of the Act to seek reliefs on behalf of a person. The CFA lawyer stated that she was making an application for a protection order and would subsequently seek a summons for a safety order to be served on the children’s father.

The children’s social worker told the court that the mother had suffered abuse. She had been married seven years earlier at the age of 15. The mother had left the home a number of times with bruises. She had applied for an interim barring order the previous year but had been coerced into reversing the order. She had suffered sexual violence by her husband. The husband had pulled her hair and her children’s hair. The social worker described the mother as someone living in fear physically, sexually and financially. She was currently living with her parents.

The CFA lawyer stated that there was a fear that the mother would not pursue a barring or safety order but that this order was necessary under section 11 (c) of the Domestic Violence Act 2018. The lawyer said that it was open to the court to direct that the Gardaí should effect service of the order. The judge agreed that the order was necessary and that the Gardaí should effect service of the order on the husband as soon as possible.