C.O.S. -v- B.M. [2015] IEHC 836 (18 December 2015)

C.O.S. -v- B.M. [2015] IEHC 836 (18 December 2015)

The Court found that the wife remains in fear of the husband, and that the husband's conduct and lack of insight into his behaviour justify the continuation of the barring order. The husband's compliance with the expired order and absence of recent violence do not negate the wife's ongoing fear. The Court preferred the wife's evidence and affirmed the Circuit Court's order.

Citation
[2015] IEHC 836
Parties
Applicant/respondent: C. O. S.; Respondent/appellant: B. M.
Jurisdiction
Ireland
Judgment Date
18 December 2015
Procedural Posture
Appeal (family Law Barring Order) / Judgment on Appeal
Outcome
appeal dismissed; Circuit Court order affirmed
Legal Topics
Domestic Violence, Barring Order, Judicial Separation
Family Law Domestic Violence Barring Order Judicial Separation

Case Brief

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Parties

C. O. S.

Applicant/respondent

B. M.

Respondent/appellant

Procedural Posture

Appeal (family Law Barring Order) / Judgment on Appeal

Legal Issues

  1. 1 Whether the barring order against the husband should be affirmed or set aside on appeal
  2. 2 Whether the wife remains in fear justifying continuation of the barring order

Ratio Decidendi

The Court found that the wife remains in fear of the husband, and that the husband's conduct and lack of insight into his behaviour justify the continuation of the barring order. The husband's compliance with the expired order and absence of recent violence do not negate the wife's ongoing fear. The Court preferred the wife's evidence and affirmed the Circuit Court's order.

Court Disposition

appeal dismissed; Circuit Court order affirmed

Orders

  • Barring order against the husband affirmed; he is restrained from attending at or in the vicinity of the family home or entering the premises until further order.