Court hears claims of violent behaviour by ex-boyfriend in front of child
The Wicklow PeopleA woman has asked the court for protection from her ex-partner amid allegations of abuse and threatening behaviour in front of their child
The woman has appeared before an in-camera family law sitting of Bray District Court for a hearing relating to a protection order against her former boyfriend.
The court was told that the respondent is known to the court, having previously served a prison sentence for brandishing a firearm at gardaí.
Counsel for the applicant, Jennifer Cuffe BL, told the court that her client alleges she was raped by the respondent and that he has displayed aggressive and abusive behaviour in front of the child they share.
It was further alleged that he cut himself with a knife in front of the child and, when confronted about the incident via text message, responded by sending “laughing emojis”.
Solicitor for the respondent, Rosemary Scallan, told the court that his convictions are historic and that he has served his time, with prison having given him “a second chance”.
The court heard that the respondent is now in a new relationship and that any disagreements between the parties have been due to “sheer frustration” since the interim protection order was put in place.
The applicant gave evidence under oath, outlining the background to the relationship and telling the court that the couple had been together for several years.
During that time, she alleges that he choked her on two occasions and assaulted her multiple times while she was pregnant.
“He was always apologetic,” she said.
Videos were alleged to be available to the court showing the respondent attempting to force himself into bed with her and have sex.
Ms Scallan noted that the videos were historic and predated the respondent’s release from prison.
Since his release from custody, the respondent has sought access to his child, with the applicant telling the court she contacted Tusla and her solicitor, Dermot Hickey, for advice.
The applicant accused him of making comments about her new boyfriend, alleging that he told her he “can’t wait on my new partner to kill me”.
The applicant testified that while she hopes he is a better person, the evidence suggests he has not changed.
An incident late last year was referenced, with the court hearing that the applicant went out with friends and left the child in the care of his father. It was alleged that the respondent failed to return the child when requested.
In his evidence, the respondent denied many of the allegations made against him, stating: “As a dad, I have the right to make sure they are living in a safe home.”
He told the court that since his release from prison he has been attending counselling and providing a urine sample every two weeks. He denied threatening the applicant and said he was “just frustrated”.
The court heard that the applicant is now living with her boyfriend, with the respondent claiming the house was filthy. Ms Cuffe questioned how he knew the house was “dirty”.
It was further alleged that the respondent entered the applicant’s home to “put fear in her”.
Judge David Kennedy adjourned the matter to allow for a hair follicle test to be carried out on the respondent, along with a report from his counselling service and testimony from a member of staff regarding his progress.