Ex-wife wont allow me me to collect possessions from family Home

there 's something wrong here. You can't just go to court and have a person barred from their own home. I think something went on that you're not advising of. Also, you can't have a person barred from their own home for violence unless there's a record of it somewhere, and you certainly can't have a person barred from their own home on the basis that they have a mental illness if there's no medical certificate. I have a feeling that you're holding something back, but this is my best guess. I think your solicitor is right to have the local gardai present when you collect your things. and if the mother of your children has gained full time employment, this does not exempt you from paying support for your own children, which includes helping them to keep a roof over their head, even if it is only a portion of what you were previously paying. And as you have access to your children, the court would know that you are not a violent person, as violence is one of the two reasons they will protect the children. I'm very suspicious about this, and would ask people who appear to be sympathising with you to have an open mind.
 
i was living with my parents and have just moved to an apartment, i have the basic furniture a loan of a tv and little else, she is living in a 5 bedroom house stocked to the rafters with stuff i have bought
 
Sylvia200 in an ideal world I would agree with you that you shouldn't be able to go to court and (falsely) obtain a barring order without sufficient proof etc. but those people who sit in court and make those decisions are also only people and sometimes make mistakes. In OPs case it didn't help him to consent to it with the help of his useless solicitor.

Having rights in theory and getting them in practice are two very different things - I can speak out of experience here. Considering he has access to the children - it speaks volumes how much of a "dangerous" person he really is.

Regardless if there is a barring order or not, he is entitled to his possessions. Full stop.
 
thelegend said:
i was living with my parents and have just moved to an apartment, i have the basic furniture a loan of a tv and little else, she is living in a 5 bedroom house stocked to the rafters with stuff i have bought
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Would like if you would respond to what is in the house that is so important to you, stuff you've done without for a year.

You hardly want to take furniture from the home where your children reside and presumably the TV's are in their rooms and for their use. Do you resent the fact that she is in the house and you are in an apartment?

Sylvia - he consented to the barring order apparently on the advice of his solicitor. So presumable no proof was required.
 
"there 's something wrong here. You can't just go to court and have a person barred from their own home."

I am fairly sure that a person can apply to the Family Law Court and get an Interim Barring Order. This can be done without the other party being present. This will bar you from the house until a full hearing is heard to determine whether or not a permanent Barring Order will be issued.
 

I have helped a couple of people go through Dolphin House to get interim barring orders and its not that easy. Not at all. It is not just taken that the word of one person is the truth, there must be supporting evidence, medical records and garda complaints to back it up. I know one case where there was a long history (documented by the local doctor and the guards) of violence and the judge refused the order because the gentleman in question said he was now off the drink (he wasnt).

If it was as easy as just applying to the Family Law Court without the other person present then people would be getting accused of domestic violence and thrown out of their homes and clogging up the court systems no end.
 
When an Interim Order is made, the Judge usually sets a date within 2-3 weeks for a full hearing of the issue at which both parties can give their version of events - so you never get a situation whereby someone is barred from their house for a long time without having the opportunity to defend any allegations. In this particular case, the OP consented, so the question of evidence/proof does not arise.
 
first of all there are 2 living rooms with tvs, i just want 1, mailnly i want my tools, family photos etc stuff i had before the marraige, secondly i wasnt present when the intrim order was made , while the intrim order was in force, she made another bogus complaint while the intrim order was in force, therefore according to the court i was in breach of an order, i was evicted from the home at that stage and moved to my mothers, it was then that i was brought to court for the order , and as i was no longer living there i was advised to consent to the order,
 

Can you go back on this slowly. Why were you not there when the interim order was made initially?

Why did you not object to the first bogus complaint?

Why did you not object to the second bogus complaint?

Were you physically evicted from the house?

What do you mean by being brought to court, physically brought? Or you went to court yourself.

Because you were not living in the marital home you were adviced to constent to the order? This doesn't make sense.

It would be much easier for you to get advice if you went back step by step on what happened, not the fighting or emotions, just the legalities.
 
So you want just your tools and a TV mainly but your ex-wife laughed at the list? I don’t really understand - no matter how things may be I would have thought she would not have a problem with this. Even just to get you out of her hair so to speak.

A lot of other things you say just don’t add up for me.

I wish you well though – get a new solicitor.
 
1)the first intrim order was made without my knowledge, i wasnt in court nor had i any clue about it.
2)i made a statment to the guards denying this a week later,
3) i was due in couts 2 weeks after the order was made, it was then i was going to make my plea, but before i had that oppertunity she made her second bogus complaint, so i was then in breach of a court order,
4) i was in bed at 5:30 am when she let the guards in and i was arrested on alledged breach of a court order. so i was given 15 mins to collect my clothes.
5) so i moved into my mothers home and was then i had an oppertunity to go to court to defend myself and was then advised to consent to the order, as my then solisitor said, "look you cant live there anyway what difference would it make to have the order, and because there were alligations of domestic violence (bogus) the other side agreed to quash them if i stayed away, we were more concerned with not getting a criminal conviction more than anything as if i had i would be dismissed from my current employment , again thank you for your help.
anything i have posted is true to the best of my knowledge,
 
apologies on point (4) when i was arrested, i was was brought to the guarda station put in a cell, and was transported to court, the judge ordered that i leave the family home,
 
Thelegend,

You don't need to justify yourself or explain in detail what has happened. That is your own business. Your question was in relation to how best to get your stuff back - I think people have well gone off track here. I also think people have answered your question as best they could based on information given and what you should do !


Best of luck with whatever way you proceed with this !
 
Thank you, and yes i do agree we have gone a mile off track, i was just justifing it as people couldnt understand ?
Thank you all for your patience and help
 
I think this needs some clarification and my understanding of domestic violence legislation is as follows:
An interim barring order is granted ex parte - i.e. just the applicant is in court. The Respondent (thelegend) knows nothing about it unless the order is granted. The order is effective immediately and the Respondent must leave the property. It is granted on the basis that there is a significant and immediate danger of serious harm to the Applicant.

An interim barring order can last for a maximum of a week and ceases when the application for a barring order or a safety order is heard and dealt with. If the application for a barring order or safety order is not dealt with for some reason the court can extend the interim barring order for the same period of time again.

A barring order and or safety order can be granted in the absence of Respondent if the court is satisfied that the respondent knows about the application and court date.

You are not entitled to barring orders in respect of someone to whom you are not married or with whom you have not resided for a period of time as specified in the legislation.

Anyone subject to any of these applications should get legal advice asap.
 
So an interim order was granted to his wife (she in court, he was not) which barred him from the house but he says he was not told about it. How does he find out about the order, does he not have to be served the order.

When the second hearing came up, which presumably is a proper hearing where he can object and defend himself he wrongly consented to the order on apparently bad legal advice. Can he get this overturned? Can he appeal it?

OP, would you not be better off buying yourself a new TV and tools in the meantime. You said you made a list of your property and sent it through the proper channels. You mean you gave the list to your solicitor? And your solicitor sent it to her solicitor. What exactly were the reasons for her rejection as per the solicitor?
 
there were alligations of domestic violence (bogus) the other side agreed to quash them if i stayed away, we were more concerned with not getting a criminal conviction more than anything
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There is no chance of you getting convicted of domestic violence if you are innocent. Criminal convictions are not given solely on the word of the complainant - there needs to be evidence. So if it didnt happen, there is no evidence so no chance of conviction.
 

Yes he would have to be served with a copy of the Order as he cannot be convicted of breaching it if he didn't know about it. The District Court Clerk may have posted it but it's more likely that the Gardai who are furnished with a copy brought it to his attention and then waited while he left the property.
The Applicant/Respondent has 14 days to appeal a District Court Order.A person can apply to the District Court to have the barring order discharged but I think it's expiring this month anyway. It is unusual for someone to consent to the granting of a barring order in the absence of domestic violence though of course it can happen. It is equally unusual to have an interim barring order that permits the person to stay in the house and I would suggest it was more likely a protection order. She alleged the mental abuse which was seen to amount to a breach of the order and at the hearing for the barring order, was successful. It appears that the parties agreed to the barring order and dropped the allegation re breach of the protection or interim barring order.

To the original poster - if your ex is applying for the barring order to continue you must contest this or it will possibly be granted and you should get a solicitor. Negotiate a fee and use the solicitor to have your items returned. Bring a list of the items to the barring order hearing and try and get it all sorted on one day.
 
Michelle;1171541]Yes he would have to be served with a copy of the Order as he cannot be convicted of breaching it if he didn't know about it.
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Just out of own interest - how are these letters served? Per registered post?

If by standard post, is there not a chance ex removed letter before he got a chance seeing it? Hence the whole Gardai event....
 
Thank you all for your advice, She is bringing me back to court 3 days before the order is to cease to attempt to have it extended, i have not been near the house or in the presence of my ex , nor have i even spoke to her in over a year now, but i am told even though she may well have it extended if she goes down the road of saying because the order is in place i wont be a "burden " on her,

In answer to your questions, the order was posted to the family home, i hadnt recieved it personally as the post was aprehended by my ex.
The local guards had contacted me over the phone, at the time i was in company and couldnt really talk or listen to him, but had agreed to call in to him the next day, the next day before i got in to the guards station i was arrested,
It appeared to me that the local guards while doing their job were sick and tired of listening to her complaining, making bogus accusations, and being a complete nusence, they thought that if i was no longer living at the house, they were eliminating the problem.....
I am no longer there and in the last 4 weeks even though i havnt seen or spoken to my ex , she has made 8 visits to her guarda station trying to build a case file for herself, she made 1 statement saying i swore at my children on the phone,, ( this would be classed as threatening) Now i dont use that sort of language in my day to day life and certainly wouldnt use it while conversing with a child.
 
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