Jailed for breach of protection order

By Fiona Ferguson

A man who breached a protection order by kicking in his wife’s door during the early hours of the morning and driving off in her car has been jailed for two years.

Dublin Circuit Criminal Court heard that the couple have since reconciled, his wife did not complete a victim impact statement and wishes for the man, who has been in custody since the offence, to be released as soon as possible.

The man previously received a four year suspended sentence for assaults on his wife.

Defence counsel submitted that when drink was not involved they were a good family unit, caring for two children with additional needs.

The 28 year old accused man, who cannot be identified for legal reasons, pleaded guilty to unlawful use of a car, criminal damage and breach of a protection order in November 2023.

The court heard section 40 of the Domestic Violence Act 2018, where the relationship between defendant and victim was an aggravating factor in sentencing, applied in this case.

Judge Pauline Codd told the man it was shame on him that a court order was required to keep his behaviour in check.

She said the man’s wife had enough on her plate in relation to the care of two children with additional needs.

She said the offences were aggravated by his previous history.

She noted there had been no physical violence on this occasion but the woman was put in fear.

Judge Codd set a headline sentence of five years for the criminal damage and 10 months for the breach of the court order.

She noted in mitigation his guilty pleas, expression of remorse, his personal circumstances and his intention to seek help with psychiatric services.

She imposed a four year imprisonment, suspending the final two years on condition he attend alcohol addiction treatment.

She backdated it to November and ordered two years post release supervision.

An investigating garda told Fiona Crawford BL, prosecuting, that the man’s wife, who was at the time his ex-partner, had taken out a protection order against him about three weeks previously.

She was woken at 12.55am to loud banging and shouting.

She recognised the accused’s voice and found he had kicked in her front door, destroying it in the process.

She heard him shouting that he did not care if he went back to jail and telling her to ring the guards before he drove off in her car.

The gardai later recovered the car and were able to return it undamaged.

The man has nine previous convictions for offences including theft, burglary, false imprisonment and assaulting his wife.

Fiona Pekar BL, defending, told Judge Codd the couple have a number of children, two of whom have additional needs, and the woman has little family support in Dublin.

She said when things are going well they are a “marvellous couple”  but drink is an issue for the accused.

She said following the previous suspended sentence he had been abiding by all conditions but relapsed into drinking and his wife took out the protection order.

Ms Pekar said he is sorry that he breached  the order and endangered his wife’s safety.

She said he has told her that “This time things will be different.”

Counsel said his wife is anxious to have him home again to assist her and when things are good they are a good family unit.