Man cleared of breaching protection order after ex caused ’commotion’ - Courts News Ireland

A man in his 40s has been cleared of breaching a protection order against the mother of his children, with a judge finding she had caused a ‘commotion’ by going to his house expecting a confrontation on St Patrick’s Day two years ago. The man had denied breaching a protection order on March 17, 2024. Dún Laoghaire District Court heard that protection

A man in his 40s has been cleared of breaching a protection order against the mother of his children, with a judge finding she had caused a ‘commotion’ by going to his house expecting a confrontation on St Patrick’s Day two years ago.

The man had denied breaching a protection order on March 17, 2024.

Dún Laoghaire District Court heard that protection orders had been granted against both parties.

Garda Brian Gallagher told the court that he attended an incident at about 3pm on the afternoon in question. When he arrived, he saw the complainant outside a car with her sister and three children.

The complainant appeared upset and distressed, the witness said.

The court heard the woman had travelled to the home of her former partner’s parents to collect their three children.

She said she had texted the man the night before asking him to take two rescue dogs. He replied that he could not take them as he did not have a place of his own and his parents were afraid of the animals. Further messages she sent late into the night went unanswered.

The woman told the court that she brought the dogs with her the following afternoon and, as she had recently experienced a fall and was upset, was accompanied by her sister.

The complainant said that when they arrived, she brought the dogs to the front door of the man’s parents’ home but the man’s father shouted at her to remove the animals from the property. She claimed she was pushed off the doorstep.

The complainant’s sister told the court that the accused shouted at them to get off the property before pushing the complainant. She also claimed the defendant shoved the witness into the side of a parked car before she called 999.

Under cross-examination, she accepted the situation had been heated and that there had been shouting between the parties.

The man said while he was helping the children get into the car, he heard shouting between the woman and his parents.

He said he warned the woman she was breaching the protection order by being on the property and told her he would call gardaí if she did not leave.

The defendant accepted that he held out his hand and pushed the complainant back when she continued to approach him.

In dismissing the charge, Judge Anne Watkin said the evidence pointed to a heated domestic dispute rather than a criminal breach of the order.

Judge Watkin noted the woman was also subject to a protection order and said communication between the parties was limited to issues concerning the welfare of their children and did not extend to matters such as the dogs.

The judge said she did not accept the explanation that the woman’s sister had travelled with her simply because she was upset after a fall. She said she also did not believe the sister’s claim that she had been unaware of the text messages.

Judge Watkin said the two women had gone to the house expecting a confrontation and had “no business” arriving there with the dogs knowing it would cause a commotion.

The judge also noted that the woman had made no reference in her cautionary statement to the text messages sent during the night about the dogs. She said this omission undermined her credibility.