Brophysolicitors Newsletter

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Brophy Solicitors Weekly Newsletter

Brophy Solicitors Weekly Newsletter

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  • 1. News from Brophy Solicitors Page 1 of 5 Brophy Solicitors Kevin and Lauras Weekly Email Kevin and Lauras Weekly Email 21st July 2011 Quick Links Dear Laura,    Welcome to Kevin and Lauras weekly emails.   Our Webpage Please feel free to forward this email on to your   colleagues, friends and family.   Your comments are always appreciated on this weeks issue or ideas on what you would like to read about.   Kevin Brophy & Laura Gillen   Brophy Solicitors, 38-40 Parliament Street, Dublin 2.   Tel: 01 6797930 Fax: 01 6797954 In This Issue I am not a Misogynist but... Protection and Safety Orders I am not a Misogynist but... I am sure all of you know that the name for a person who hates women is a misogynist. Maybe all of you will also know that the name for a person who hates men is a misandrist. When I went around the office a few minutes ago and asked everybody about these two words, everybody could tell me the name for a man who hates woman but only one person could tell me the name for a woman who hates men. Its peculiar isnt it?http://campaign.r20.constantcontact.com/render?llr=lfoeggeab&v=001kRQllaBUV0c... 22/07/2011
  • 2. News from Brophy Solicitors Page 2 of 5 This leads me on to the sorry story of two male clients I have at the moment. I should start with the statement that "I am not a misogynist but....". Normally when somebody says to me "I am not a racist but...." then I know they are about to come out with something extraordinarily racist. However, I am not a misogynist but... I have two male clients at the moment who are unmarried fathers of two very young children. In both cases there are court orders, which specifically grant the fathers an entitlement to bring their child out of the country on holiday each summer. In both cases the order has been entirely ignored and in one of the cases the mother has brought her little girl abroad during the exact period when my client, under court order, was to bring his daughter away on holiday. In both cases the father has come to me enormously upset, asking what could I do for them. In my mind I am thinking that if a father did this, there would be a very real risk that he would be sent to prison. Given that the mother has taken this action there is a very real risk that she will be given a very firm slap on the wrist and told not to do this again. Over the years, I have had dozens of cases where mothers quite blatantly ignore access orders knowing that nothing will happen to them other than a stern lecture. I do not believe the answer is to send these mothers to prison because if we did there would be a very large extension required on Mountjoy Womens Prison. There must however be equal treatment between the sexes and if a woman blatantly ignores and breaches a court order, she must feel that there will be a severe penalty for such a blatant breach particularly in circumstances where no family law case is ever heard without a judge uttering the words "I am not interested in the mother and the father and their problems, I want to arrive at a situation which is in the best interests of this innocent child".http://campaign.r20.constantcontact.com/render?llr=lfoeggeab&v=001kRQllaBUV0c... 22/07/2011
  • 3. News from Brophy Solicitors Page 3 of 5 So Ill say again I am not a misogynist but... I really, really, really hate the way a certain number of women flout the law and damage their innocent children in this way. Kevin Brophy kevin@brophysolicitors.ie Protection and Safety Orders I often get questions from clients asking what is the difference between Protection and Safety Orders. We hear so much about Barring Orders but very little about other remedies available. Both a Protection and Safety Order are granted under the Domestic Violence Act, 1996. The aim of the Act is to protect spouses, children, dependant persons and other persons in other domestic relationships where their safety and welfare is at risk because of the conduct of the other person (the respondent). SAFETY ORDERS This remedy brought in by the 1996 Act is effectively a long-term "protection order", it does not put the respondent out of the home but it prohibits the respondent from using or threatening to use violence against the applicant, molesting or putting in fear the applicant. If the respondent is not residing in the same residence as the applicant then it can also prohibit the applicant from watching or besetting the applicants home. A Safety Order can be made for up to 5 years and applies only to the following category of persons:-http://campaign.r20.constantcontact.com/render?llr=lfoeggeab&v=001kRQllaBUV0c... 22/07/2011
  • 4. News from Brophy Solicitors Page 4 of 5 1. spouses; 2. cohabitants for 6 out of the previous 12 months; 3. parent of an adult child; 4. adults residing in non-contractual relationships; 5. the health board on behalf of an adult/ a child; PROTECTION ORDERS This is a temporary order given by the courts pending the full hearing of the Barring Order application and/or the Safety Order application. A protection order is similar to the safety order in so far as it prohibits the respondent from using or threatening to use violence against the applicant, molesting or putting in fear the applicant. Barring, Protection and Safety Orders are made in the District Court. If you or someone you know wishes to make any of the above Orders then please do not hesitate to contact me at laura@brophysolicitors.ie Laura Gillen laura@brophysolicitors.ie Forward email This email was sent to lauraholmes00@hotmail.com by info@brophysolicitors.ie | Update Profile/Email Address | Instant removal with SafeUnsubscribe™ | Privacy Policy.http://campaign.r20.constantcontact.com/render?llr=lfoeggeab&v=001kRQllaBUV0c... 22/07/2011
  • 5. News from Brophy Solicitors Page 5 of 5 Brophy Solicitors | 38 - 40 Parliament Street | Dublin 2 | Dublin | 2 | Irelandhttp://campaign.r20.constantcontact.com/render?llr=lfoeggeab&v=001kRQllaBUV0c... 22/07/2011