Family Law: Man accused of breaching safety order by woman who found used condom

A man who is accused of breaching a safety order who applied for bail claimed a woman had become upset because she found a used condom in a car. 

The man (49), who can’t be named due to the nature of the proceedings, appeared before Portlaoise District Court accused of breaching a safety order at an address in Laois on March 19. 

A Garda said she was objecting to bail as she feared the defendant would interfere with the alleged injured party. 

She said the woman had arrived home and the defendant wasn’t in the house. She decided to bring her children out for a meal. When she got to the car she discovered a used condom and tobacco and she said there was a smell of cannabis. 

Later that night when she was putting the children to bed she heard the defendant arrive home. 

The garda said later that night the defendant “opened the bedroom door with force and started shouting at her.” She said this put the woman in fear. 

Anne Doyle BL explained that the defendant and the alleged injured party live together. She asked the garda whether or not the complainant had "particularised" the words used. The garda said the woman had not. 

“You didn’t personally observe an altercation between my client and the injured party,” she said. The garda agreed with this but said “when the 999 call was made, the call taker could hear shouting in the background.” 

The Garda said she would like conditions attached to any bail if it was to be given.

“The conditions would be that he doesn’t reside at the address of the applicant of the safety order,” she said. 

Ms Doyle said her client is entitled to the presumption of innocence. She said her client was denying the allegations and had instructed that it was “merely a domestic row” and the woman had become particularly enraged after finding a used condom in the car. She explained that he had left the vicinity voluntarily. Ms Doyle explained that her client was of limited means. 

Judge Andrew Cody agreed to grant bail subject to a number of conditions including that the man remain sober, reside at a new address and not have any contact with the applicant of the safety order. 

He adjourned the case back to Portlaoise District Court on April 3.