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Paul O'Meara, 23 Aug
Gardaí dealing with some family law-related complaints are taking a
shortcut, according to a judge.
Judge Desmond Zaidan was referring to cases where somebody has made an
allegation of assault and are then directed by the gardaí to seek an
order at a family law court.
A woman alleged before the Naas District Court that her ex-partner is
engaging in coercive control and they have a child. She sought
protection under family law legislation at a sitting of Naas District
Court. Her former partner did not attend the hearing and was
unrepresented.
The woman also alleged that he wants to know where she is.
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Judge Zaidan told the woman that alleged offences which occur within a
relationship or a marriage are still offences under criminal law.
He told the woman she should go to the gardaí if she has been the
victim of harassment or assault by anybody.
He said there has to be a substantial risk of harm before a protection
order can be granted.
The judge adjourned the matter to September 9.