A man has been given a suspended sentence for attacking the mother of his children, her teenage brother and threatening to kick her unborn baby out of her.
The 29-year-old man appeared before Dublin Circuit Criminal Court, where he pleaded guilty to one count of assault causing harm to his former partner at her home in November 2020. He can’t be named for legal reasons.
The woman told gardaí that the man arrived at her house on the morning of the attack to drop their child back to her after an overnight visit.
There was a barring order in place against him, but he pushed past the woman into the house and refused to leave. He then grabbed her by the throat and began to choke her, before punching her in the face, drawing blood from her lip.
She was 13 weeks pregnant at the time, and he threatened to kick the child out of her. Her 15-year-old brother was present, and the accused also struck him.
The accused refused to leave and blocked the exit. The woman left the house through a window and went to a neighbour’s house before going to gardaí.
The court heard that neither the woman nor her brother gave a victim impact statement, and that the child had since been born.
The man has 10 previous convictions.
The court heard that the woman had her own difficulties and has been in and out of rehab. She has since lost custody of the children, and the accused is now their sole carer.
Carol Doherty BL, defending, told the court that the children would have to go into care if he went into custody.
Counsel said that her client had never come to garda attention for anything like this before or since the incident. He is now trying to be a responsible parent, she said.
“He has fought tooth and nail to keep that family unit together,” she said. “He has undergone a 12-month domestic abuse course.”
Judge Martin Nolan asked the accused where he lives.
“I have my own house, me and the kids,” he replied.
“That home would be in jeopardy if he was incarcerated,” said his barrister.
She said that he had been fraught with stress about the children at the time.
Judge Nolan said that the only hesitation he would have in sending him to prison was that he is the sole carer of the children.
“I know he has challenges, but there’s no excuse for choking her and beating her,” he said. “In this case I have to think about the children as well.”
Judge Nolan adjourned the case overnight to consider it. Today he said that the man had behaved in a disgraceful way but said imposing a prison term on him would be unfair to his children.
He said “notwithstanding the assault was serious and the facts were grim”, he had decided not to impose a custodial sentence before he sentenced the man to two years in prison which he suspended in full on strict conditions.
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