Kerry judge refuses restraining order request as brothers row over cows
The KerrymanA judge rejected a restraining order request from a farmer who alleged his brother drove a car at him after an altercation about the correct placement of cows.
The claimant, who cannot be identified, put his request before Judge David Waters at a Kerry district court sitting.
The farmer said he left home to tend sheep in a rural area at 6.30am on August 23 and when he returned three hours later, his brother became abusive.
“He was shouting that the cows were in the wrong place,” said the farmer.
He alleged his brother made a U-turn and drove at him, forcing him to leap out of the car’s path. He told the court his brother then grabbed his shirt and pulled him before driving away.
“I stood aside to the driver’s side and he pulled me but the car drove backwards,” said the farmer.
He said he had informed gardai of the incident “probably that evening or the following day”.
“It’s not for a single incident like that, it’s for a pattern of behaviour,” said Judge Waters.
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He explained that restraining orders are intended for situations like stalking or repeated behaviour and not for “every time there’s an incident between two people”.
“It’s for a pattern of behaviour, not a row between brothers, in particular over land, or cows in the wrong place,” said the judge.
The judge noted the claimant could approach a barrister if legal proceedings are required but a restraining order was not the appropriate path.