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Mother who sent abusive texts to former partner warned she’ll face prison if she breaches protection order again

By Elaine Stenson, Courts News Ireland

A woman who made a threatening phone call and sent abusive messages to her former partner, leaving him in fear, has been warned by a judge that she’ll face prison if she breaches a protection order again.

The defendant pleaded guilty at Tallaght District Court to breaching a protection order on July 19, 2024, contrary to Section 33 (1) of the Domestic Violence Act 2018. The woman who is in her 40s and lives in Dublin, cannot be named for legal reasons.

The case was heard in camera, where Judge Patricia McNamara noted this was the woman’s second conviction for breaching a protection order.

Garda Clodagh Cagney told the court that the breach involved several early-morning text messages and one phone call, all made on the same day.

The injured party answered the call, during which the woman called him a “junkie bastard” and issued further threats.

Judge McNamara reviewed the messages in court and asked defence counsel, Ciara Ní Ghabhann BL, whether they were all sent by the accused and not any from the injured party.

Counsel confirmed they were solely from the accused.

When asked by the judge whether the injured party was the child’s father, the defendant replied: “Yes, he’s the father” adding: “I was really unwell last year. I shouldn’t have said that.”

An audio recording of the phone call was also played in court via USB. In the recording, the injured party can be heard warning the woman that she was in breach of the order and that he was recording the call. The woman responded: “I don’t give a bollocks” and repeated phrases such as “I don’t care” and “You will never see your daughter again – junkie, junkie, junkie bastard.”

Ms Ní Ghabhann said her client accepts the voice on the recording is hers but does not clearly remember making the call, citing her mental health and diagnosis of bipolar disorder.

She said the woman is engaging with counselling, taking her prescribed medication, and is now doing better. “She’s trying to teach her children to take responsibility, and she wants to do the same,” counsel said.

Ms Ní Ghabhann said her client found the court appearance difficult, but was learning to respond to situations differently. She confirmed there were no issues with drugs or alcohol, and that the incident was “entirely medical”.

Judge McNamara told the accused: “You were in breach. This was not your first conviction for breaching a protection order. Your child is entitled to have both a mother and a father. I want to make sure this doesn’t happen again.”

Taking into account the guilty plea and a previous conviction for breaching a protection order, Judge McNamara sentenced the woman to seven months in prison, suspended for 12 months on strict conditions – including that she does not reoffend, takes her prescribed medication and pays €200 within five months.

“If you breach any of that, you’ll face seven months in prison,” the judge warned.