Rejected Judge rejects claim that sex toy photo is sufficient grounds for domestic violence order

A judge has rejected that a woman receiving an email containing an image of a sex toy from her ex-partner and other grievances are sufficient grounds for granting a domestic violence order.

At the Family Law Court, Judge Mary Larkin told the woman to ignore her ex-partner and for him to ignore her.

Rejecting the woman’s application for a Safety Order, Judge Larkin said: “There is no domestic violence here.”

Judge Larkin said: “There is some kind of tittle tattle going on between these two and the woman’s current boyfriend. I am not getting involved in this.”

The woman told the court that her ex-partner had emailed her a photo of a dildo.

After the man got into the witness box, Judge Larkin put it to him “did you send her an email with a dildo in it?”

The ex-partner said that he had but that he was just forwarded an email containing the dildo image he had received from his ex-partner’s current boyfriend.

Solicitor for the woman, Frank Doherty had his client’s phone in his hand and put it to the man that he has the image on her phone and it shows that it came from his email address to his client’s email address.

The man replied: “I have it here on my phone showing that it is from her boyfriend and he sent me this picture.”

From her own seat in the body of the court, the woman said to her ex-partner “if he sent you that message, what are you sending me that message for?”

During cross examination from Judge Larkin,  the judge said to the man that his ex “says that you watch her at home and at work”.

In reply the man said ‘no’ and Judge Larkin asked him did he whisper to her that ‘you are a bitch and…” and in response the man said: “No - that is not true.”

Mr Doherty told the man “we have a video of you standing across the road from my client’s house”.

In response, the man said that this was the main road.

Earlier in evidence when asked by Mr Doherty was she in fear of her ex-partner, the woman replied “Yes - I am afraid. I just want him to leave me alone.”

The woman secured a Protection Order in court in December in court against her ex-partner.

A Protection Order is temporary in nature and is granted on an ex-parte basis where the other side is not available to test the evidence or give their own evidence.

The woman said that since the Protection Order has been in place it has been ‘perfect - peace and quiet”.