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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Family Law
Satisfied Customers: 12811
Experience:  Barrister 17 years experience
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Can an alleged breach of protection order be treated as a

Customer Question

Hi can an alleged breach of protection order be treated as a stand alone case?
JA: What steps have been taken? Have any papers been filed in family court?
Customer: Yes the judge said it was a stand alone case which I disagree
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I'm in Ireland
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thanks
Submitted: 10 days ago.
Category: Family Law
Expert:  Buachaill replied 10 days ago.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Expert:  Buachaill replied 10 days ago.

1. Yes, a breach of a Protection Order would constitute a stand alone case. So, in this instance, the judge is correct, when he stated that the breach of the Protection Order can be treated as a stand alone case. Essentially, the court will hold an inquiry into whether the terms of the Protection Order were breached or not. Then the court will make a ruling upon whether the Protection Order was breached and any resulting penalty will then follow.

Customer: replied 10 days ago.
Can I use evidence from a previous allegation by my ex which was dismissed by the court?
Expert:  Buachaill replied 10 days ago.

2. You can only use this evidence if it is relevant to the current allegation of breach of a Protection Order. Essentially, the evidence must have some weight in the context of the current allegation.

Customer: replied 10 days ago.
In a criminal case ie alleged breach of protection order am i entitled to get statements my ex made to the guards to obtain original protection order and use any evidence since the protection order was obtained?
Customer: replied 10 days ago.
Can you please tell me where I can find the law on what constitutes a stand alone case.
Expert:  Buachaill replied 10 days ago.

3. You aren't entitled to get the statements on which the Protection Order is based, when dealing with a breach of it. You are only entitled to the statement which grounds the breach application. Additionally, you can use any evidence obtained since the Protection Order was obtained. Finally, I don't know where you will get the law on what constitutes a stand alone case. This is purely a matter of impression. I would suggest you speak with a solicitor about this issue and get a formal Barrister's Opinion about what constitutes a stand alone case.