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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 13234
Experience:  Barrister 17 years experience
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I am and have been living independently of an abusive father

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I am and have been living independently of an abusive father for 3 years. He has sent multiple threatening, abusive and manipulative methods of correspondence to me, I have requested it to be put to an end but he’s seeing my response in a negative, abusive aspect and has taken the information that both he and I have shared to the local gardai. I would like to know any action I could take to stop contact from him, and to stop him from continuing to threaten me and use my sibling living with him to pass on these messages too
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I have not, I have moved out of the household and limited contact and expressed why I have and why I don’t want it
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: Cork
JA: Anything else you want the Lawyer to know before I connect you?
Customer: He has also contacted my siblings living dependently of him, in the same aggressive, abusive and threatening manner, and even called the local gardai in Clare to visit my brother under the supposed worry of possible abuse he is enduring

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

Customer: replied 1 year ago.
Hello, initially I’d like to thank you for your time taken to help

1. Your remedies here are twofold. The first avenue is to seek Gardai help to use the powers under Part 13 of the Criminal Justice Act to impose an order on your father not to harass or contact you (or your siblings if they want the same remedy) because he is currently harassing you without cause. This can be done without a court application by the Gardai, but normally if the case is serious it involves the Garda Superintendent applying to court to have an order placed upon your father not to come near your home or contact you, unless permission of the Gardai is given. In such an application, you would have to turn up and give evidence for the Gardai and set out the nature of the harassment. The order would then remain in place until it was varied.

2. The second option available to you is the civil law remedy of an injunction for harassment whereby you would employ a solicitor to take out an injunction against your father preventing him from coming within a certain distance of you or from contacting you or any of your family. In this application, you would instruct and pay the solicitor to represent you in court and set out on affidavit the harassing behaviour of your father which is causing concern. Once such an order was put in place, you would police it and if your father were to break it, then you would go back into court and issue contempt of court proceedings to have your father committed to prison for breaching this injunction of the court. This type of order requires you to fund it but it has the benefit of self policing of the order. You would also put the Gardaí on notice of the making of the order so they could assist in policing it.

3. These are the two basic avenues available to you. The first is a criminal law remedy and involves the Gardaí. The second one is a civil law remedy and you are the moving party.

4. If you have any further queries about either of the remedies I am happy to assist further. Thank you for using the website.

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Buachaill and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much for your advice and elaborating the avenues I have in regards ***** ***** issue. I’m very appreciative of your services and time

6. You are welcome. It was a pleasure to answer your question. I hope the problem resolves itself.