Woman told to take legal advice by Cork judge over complaint against partner

Judge Colm Roberts said: “The state is concerned about this sort of thing. The concern is how we as a society deal with these sorts of things so that there is a reduction in it and that people feel safer.”
Woman told to take legal advice by Cork judge over complaint against partner

The 36-year-old defendant was before an in camera hearing of Cork District Court on a charge of breaching a Domestic Violence Act order. It was alleged that the breach occurred on May 23.

A WOMAN who wanted to withdraw a complaint against her partner for allegedly punching her in the face was told by a judge that she should take legal advice first, adding that it was in society’s interest as well as her own.

Judge Colm Roberts said: “The state is concerned about this sort of thing. The concern is how we as a society deal with these sorts of things so that there is a reduction in it and that people feel safer.”

The 36-year-old defendant was before an in camera hearing of Cork District Court on a charge of breaching a Domestic Violence Act order. It was alleged that the breach occurred on May 23.

However, when the matter came before the court the complainant asked to be heard and indicated that she wanted to withdraw her complaint.

Judge Roberts said to her: “The allegation is that he made derogatory remarks and punched you in the face. It could be that his behaviour has improved but that might be as a result of the criminal prosecution.

“The question you have to ask yourself is if you are putting yourself in a weaker or stronger position?”

The woman said: “As for now I don’t want to go ahead with it. I think the kids have been through enough.”

Judge Roberts said: “If he did punch you in the face it is a serious matter for you and for the kids. If you withdraw it he could see it as a pointless domestic order.

“If what you say happened is true then what you are considering doing is questionable from a protection point of view and it is worrying.” The judge said that if the case went to trial and the accused was found guilty then the complainant’s attitude could be taken into consideration at the time of sentencing.

Judge Roberts adjourned the matter for three weeks so that she could get legal advice on the matter. The complainant agreed that she would be happy to do that.

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