‘‘It can be so badly misconstrued’’: Kildare judge criticises wording of protection order

A Naas District Court judge has criticised the wording involved in a domestic violence order.

Judge Desmond Zaidan made the critique while presiding over an in-camera (in private) court session on Thursday, October 26 last.

The court was told that a man had committed two 'technical' breaches of a protection order which was previously taken out against him by his ex-partner.

A garda who took to the stand explained to Judge Zaidan that the man had sent two emails to his ex-partner about the possibility of bringing their son to see a football match in the United Kingdom.

In response, Judge Zaidan said: "Oh, come on, guys."

The judge criticised the phrasing of the order: he explained that while the order said the man was to have no communications with the woman, since they had a child together, he was still entitled to discuss matters relating to his child with his ex-partner, so long as they are civil.

"It can be so badly misconstrued," he said: "And sometimes, I can get so busy handling different cases, that I forget to say 'make an exception for communications when it comes to matters with their children.'"

The man's ex-partner told the judge that she already had plans in place for the trip to see the football match.

She also claimed that his message was 'one of many emails' she had received from the man.

Judge Zaidan replied that he was only presiding over the two emails in front of him, and said that he would give the man 'the benefit of the doubt' and strike out the charges against him.

However, he warned the man to remain civil with his ex-partner.

"You are both parents, you will blessed by God with kids, so you will have to communicate and work together for the sake of your child," the judge added.

David Powderly, the solicitor for the man, said that he would seek an amendment to the wording of the order, to specify that the man can communicate with the woman in relation to their child, so long as the communications are civil.