Clare man appears in court accused of assaulting partner on Christmas Day
Woman treated in hospital following alleged incident at family home
A COUNTY Clare man has appeared in court charged in connection with the alleged assault of his partner on Christmas Day
At Killaloe District Court sitting in Ennis, the alleged injured party in the case also secured an Interim Barring Order (IBO) against the 32-year-old arising from the incident which is alleged to have happened at the family home.
In court this Tuesday, Judge Alec Gabbett noted the couple have a number of children and that TUSLA the Child and Family Agency (CFA) has put in place a safety plan for the children.
Judge Gabbett said that a “very serious situation of alleged domestic violence arose here and children witnessing it”.
He commented that one of the children said in a report, handed into court, said: “We had a terrible Christmas. It started on Christmas Eve and it didn’t stop”.
The garda witness in the case said that the woman suffered “severe injuries” arising from the alleged assault.
The garda said that the accused is facing a single charge of assault causing harm to his partner at the family home contrary to Section 3 of the Non Fatal Offences Against the Person Act.
In terms of future living arrangements and who cares for the children, the garda said that “I don’t believe that the two parties can live together”.
Judge Gabbett said the woman was required to go to the hospital following the alleged assault. In her separate ex-parte application seeking the Interim Barring Order (IBO) before the court, she alleged that she suffered two black eyes from the alleged assault and the swelling has since gone down.
The woman further alleged that during the course of an argument over a driving incident that happened on Christmas Eve, her partner "started hitting me and punching me in my face”.
In her statement seeking the IBO, the woman said that if her partner remains in the family home “there is an immediate risk of harm to me” and she said that she is in fear for her life.
Judge Gabbett said: “There was a serious situation developing there. Thankfully, the community policing in this area is very good and that is why it has been caught early. It had all the hallmarks of something developing into a more serious situation.”
The judge granted the IBO which requires the man to leave the family home and the court was told that he will be staying at an address which is not too far away from the family home. The man can contest the IBO at a later date.
The court was told that the alleged injured party has been living in emergency accommodation for a number of days and the father has been caring for the couple's children at the family home.
The woman told the court that she wants to return to the family home.
Judge Gabbett said that he would determine which court would hear the assault case at a later date when a medical report is provided.
In relation to the assault charge, Judge Gabbett remanded the man on continuing bail to appear at Ennis District Court early next month for directions and jurisdiction.
The judge said that TUSLA would have in place a Supervision Order for the family for a three month period.
He directed that the garda witness in the case should not be identified in case it may lead to any of the parties being identified.