Woman gets protection order after husband hid HIV status from her

At the Family Law Court, the district court judge told the woman she needs to report her husband’s 'deception' to gardaí. Picture: Larry Cummins 

A judge has granted a Protection Order to a woman after she told a court that her husband has concealed his HIV status from her.

At the Family Law Court, the district court judge told the woman she needs to report her husband’s "deception" to gardai.

The judge said: "the deception here is that he knew that he had HIV and he continued to have, I assume, relations with you as normal without telling you?” The woman replied ‘yes” in response.

The district court judge told the woman: "I am nearly certain that this is a criminal offence in terms of the issues. He was diagnosed with HIV and he didn't tell you.” 

The woman said she has now taken a HIV test and is awaiting the results.

The woman provided a written statement to the court grounding her Protection Order application which was made on an ex parte basis where her husband was not present.

After reading her written statement the judge said: "You are frightened that if he comes back to the house that he will give you HIV if you haven’t got it already?” The woman said “yes”.

She said she did not know how her husband contracted HIV and said that she was “shocked” when she was told by a third party of his condition.

The woman told the judge that her husband hasn’t said how long he has had HIV.

The judge said that he was "happy to grant the order on that basis but I think you are at risk and he may believe that he can continue as is”.

The judge confirmed that gardaí will serve the contents of the Protection Order on the man. If the man breaches the Protection Order, he can be arrested without warrant on foot of a complaint by the woman and be brought before a court.

The Protection Order is to remain in place pending a hearing for a Safety Order where the man can contest the application in court.