A man with a protection order against his wife gave evidence at an in camera court that he did not want her coming back to the family home as he said she needed to attend to her alcohol problem.
He claimed she had breached the protection order by striking him and that he did not want her coming back to the family home.
Frank Buttimer said at the in camera hearing at Cork District Court: “It is a gender reverse.” The complainant said at the alleged domestic violence case, “My wife is a very good woman when sober but she has come back to the house and broken the law with me. My wife needs to go away (to rehabilitate) for quite a bit.
“I want to protect my children and give them some stability. I’m not the one who is falling around drunk.” Mr Buttimer said the defendant was seeing the children at a relative’s home without difficulty.
The case was not for hearing today, it was only before the court for the removal of one of the bail conditions against the woman.
Judge Alec Gabbett said: “How do I know what the behaviour will be tonight in terms of safety if I lift that bail condition?” However, the judge did lift the bail condition, allowing the defendant to return home.
He said that if the complainant wanted her removed from the house then that was something that could be addressed at a family court. In the present case there is no barring order in place.
The protection order that is in place would not ordinarily prevent a respondent from living in the same house as the complainant. However, what had prevented the respondent from going to the family home in recent weeks in this case was the addition of the bail condition, which has just been removed.
The judge said that if the defendant had cancer she would be in hospital getting treatment. He said alcoholism is an illness for which the defendant in this case needed treatment.