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A Co Clare man has appeared in court charged with assault causing harm to his partner who sustained “severe injuries” on Christmas Day.
The alleged injured party in the case also secured an Interim Barring Order (IBO) against the man arising from the alleged assault at the family home when the matter came before Judge Alec Gabbett at Killaloe District Court sitting in Ennis on Tuesday.
The court heard that the couple have a number of children and the judge said Tusla, the child and family agency, has put in place a safety plan for them.
Judge Gabbett said a “very serious situation of alleged domestic violence arose here and children witnessing it”. He added that in a report handed into court one of the children said “we had a terrible Christmas. It started on Christmas Eve and it didn’t stop”.
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A Garda witness said the woman suffered “severe injuries” during the alleged assault. The Garda said the accused (32) is facing a single charge of assault causing harm to his partner.
In terms of future living arrangements, and who should care for the children, the Garda said: “I don’t believe that the two parties can live together.”
Judge Gabbett said the woman had to go to the hospital following the alleged assault.
In her separate ex-parte application seeking the IBO, the woman alleged that she had two black eyes after the alleged assault and that the swelling had since gone down.
She alleged that during the course of an argument over a driving incident that happened on Christmas Eve, her partner “started hitting me and punching me in my face”. In her statement, the woman said “there is an immediate risk of harm to me” if the man remains in the family home and that she is in fear for her life.
Judge Gabbett said “thankfully” community policing in the area is very good and this was why the matter had been caught early.
“It had all the hallmarks of something developing into a more serious situation.”
The judge granted the IBO, which requires the man to leave the family home. The man can contest the order at a later date.
The court heard that the woman has been living in emergency accommodation for a number of days and the father has been caring for the children at the family home. The woman said she wants to return to the family home.
Judge Gabbett said that he would determine which court would hear the assault case at a later date when a medical report would be provided to the court. He remanded the man on continuing bail to appear at Ennis District Court on February 7th.
He said Tusla would have a supervision order for the family for a three month period.
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