A man has been ordered to pay his ex-wife €1,000 in compensation after sending a text message that was deemed by a District Court judge to have been an attempt to “belittle” the woman.
After hearing that a protection order was granted less than a fortnight prior to the text being sent and having been given a copy of the communication, Judge Emile Daly ruled that the messages – which it was claimed by the defence to have been an attempt at arranging access to children – were “framed to insult and belittle the injured party”.
The man was not present at Letterkenny District Court and the case was heard in his absence.
He was charged with an offence under section 33 of the Domestic Violence Act, 2018.
A Garda told the court that the woman had provided a copy of a screenshot of a text message sent on a date in October, 2024.
The man was due to attend a Garda Station by appointment some weeks later, but he failed to show up.
A protection order had been granted at the District Court 11 days before the text was sent.
The woman took to the witness box and confirmed to Judge Daly that she contacted An Garda Siochana to report an alleged breach of the order.
She told the court that she was subjected to excessive communication by text. She said ahead of time was receiving texts “non stop for two weeks” and said it put her in fear.
“I was afraid that he was going to show up to the house,” she said. “I was scared for my own safety and I was scared for my kids’ safety.”
The woman added that the man would send her messages “from morning to night, non-stop” and said: “I couldn’t function. I couldn’t work. I couldn’t do anything.”
She told Inspector Pat McCann that she believed that the man was going to show up “unannounced at my house – which he did on many occasions”.
Inspector McCann told the court that he believed that text message was “almost abusive” in nature.
“That text alone was a breach of the order,” Inspector McCann said.
The man’s solicitor, Mr Patsy Gallagher, said that there were no threats made and added: “Parties had an unfortunate break-up. We have a dad looking to see children and ‘let me see my kids’ was the height of the text, nothing further, nothing less.
The court heard that among the things said in the message were: “You don’t matter at all”; “I have zero interest in you”.
Judge Daly said that it was accepted that a protection order was granted and the order was clear in that it prohibited the respondent from communicating with the applicant save for and except for access issues.
“The defendant took the opportunity to attempt to belittle his former wife,” Judge Daly said. “He clearly indicated a desire to put her down. He is not entitled to communicate that way to her.
“The latter part (of the text) deals with access, but it is framed to insult and belittle the injured party.”
Judge Daly said she was satisfied that there was a breach of the protection order and that there is a case against the accused.
On the basis that he was not present and had not met the charge, Judge Daly said she had no option but to convict the man.
He was convicted and a compensation order in the sum of €1,000 to the woman was made.
“Fear has no value,” Judge Daly added. “But I have to put a monetary value when penalising and it may become a deterrent not to do it again.”
The man was remanded on bail until September, by which time the money is to be paid.
A default order of a fine of €1,800 was made in the event the sum is not paid over.
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