Probation Act applied in case of Kildare man who breached protection order

The Probation Act was applied to a man who breached a protection order.

The verdict was imposed by Judge Desmond Zaidan on Thursday, June 15, during an in-camera (in private) court session.

A woman told Judge Zaidan that she took issue with her ex-partner putting their child (who he has limited joint custody over) into the front seat of his car without a booster seat.

She said that when she expressed this concern to the man, he dismissed her, and when she went to unbuckle the child from the seat, she was pushed away by the man

The man denied this accusation, and instead claimed that she backed away from his car and shouted: "Did anyone else see that?"

It was heard that she had taken out a protection order against the man, which also extended to their child.

The man also claimed that when he was brought into custody by gardaí for twenty hours, she moved into his home (which she moved out of a number of months ago).

It was heard that the man was not given a chance to explain himself while he was in custody, but was told that he could make a statement one week later.

The man also said: "I have complied with everything since the order has been served, the only thing I am guilty of is not having a booster seat that day.

"I was going to pop down to the garage about ten minutes away to get one.

"I know that the relationship is over, I just want us to be amicable for the sake of our child, we could be spending the money we are spending her (on legal fees) for our child."

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Garda Sergeant Brian Jacob told the judge that he was of the view that the man put the woman in fear, and that he should have had the foresight to get the booster seat ready beforehand.

“He could have handled the situation better,” he added.

After consideration, Judge Zaidan said that he was satisfied that there was a breach, and also agreed that the man should have had more foresight regarding the booster seat.

However, he said that he believed that there was ‘no malice’ intended by the man, and applied the Probation Act.