A 31-year-old man who took the unilateral decision to breach domestic safety orders and put his wife in fear was jailed for six months.
Judge Olann Kelleher dealt with the case at an in camera hearing of Cork District Court.
The judge said Safety Orders were made for the protection of wives or husbands or children in domestic situations and they had to have some meaning.
“But his man unilaterally decided to break them. He takes the law into his own hands. He is a violent man with two previous convictions for assault. He took the child by force. He smashed his wife’s phone and he said he would be back to kill or cause her serious harm.
"I have to deal with it by way of a custodial sentence,” Judge Kelleher said.
He breached the order on October 6 last year and again on October 20. In the second case he phoned her 144 times in a period of two hours and he sent her ten texts which put her in fear.
In the October 6, 2020 incident his three-year-old girl was snatched by the defendant out of his ex-partner’s car and he then drove away with her.
The woman testified in Cork District Court that the child was still frightened by what happened and always referred to the stretch of road where it happened as the place where her dad was speeding.
The defendant later threatened to blow up the house belonging to his ex-partner.
The mother was driving her child from pre-school in Cork when the dad arrived, drove against a one-way system, blocked the car and then approached. He reached in through an open window, took out the keys from the ignition and threw them away. He then took his daughter and put her into his car. As the mother of the child was phoning gardaí he took her phone out of her hand and snapped it in half.
Sgt. Davis said the mother was driving towards the local garda station when he approached again and returned the child to her mother. She said he told her that the domestic order meant nothing to him and that he would blow up her house and kill her.
Eddie Burke, solicitor, said this was a case that arose out of a relationship that ended with unhappy differences and issues in relation to child access and related matters. Mr Burke said the defendant said his daughter was safe in his car at all times during the incident last October 6.
After imposing a six-month sentence Judge Kelleher agreed to fix recognisances in the event of an appeal at €750 cash and an independent surety of €750.