{"id":11307,"date":"2025-09-10T03:03:11","date_gmt":"2025-09-10T03:03:11","guid":{"rendered":"https:\/\/www.newsbeep.com\/ie\/11307\/"},"modified":"2025-09-10T03:03:11","modified_gmt":"2025-09-10T03:03:11","slug":"judge-refuses-parents-application-for-restraining-order-against-principal-over-parents-son","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/ie\/11307\/","title":{"rendered":"Judge refuses parent’s application for restraining order against principal over parent’s son"},"content":{"rendered":"

A judge has rejected an application by a school parent for a civil restraining order against a primary school principal concerning the man\u2019s son.<\/p>\n

At Ennis District Court, Judge Alec Gabbett told the parent that his application concerning the school principal didn\u2019t fall under the legislation concerning restraining orders.<\/p>\n

Judge Gabbett told the man that his first port of call should be a letter to the School Board of Management concerning his complaint over the school principal.<\/p>\n

The father said that he did not want to go down that route right now as he wanted to maintain good relations with the school.<\/p>\n

In response, Judge Gabbett said: \u201cI can tell one thing – if a principal gets an order like this, there won\u2019t be good relations with the school.\u201d<\/p>\n

The application was being made on an ex-parte basis with only the parent present in court and the school principal would only find out about the existence of the Restraining Order when they would receive a copy of it and only then can he\/she then go to court to contest it.<\/p>\n

The sanctions for breaching a Civil Restraining Order are serious where those found in breach cab face up to one year in jail or a maximum fine of \u20ac4,000.<\/p>\n

Judge Gabbett told the father that if he was to secure a restraining order against the school principal against his son \u201call it is going to do is that the School Principal will not be able to go near your son\u201d.<\/p>\n

He said: “I don\u2019t think that is a good idea as the school Principal may need to go near your son. The School Principal might be the first responder, and if your son had a medical episode and the school Principal was the only person in the room, and by court order they are not allowed to go near your son, it could lead to your son dying, and that would be a dreadful thing.\u201d<\/p>\n

After reading out the man\u2019s grounds for his restraining order against the school principal, Judge Gabbett told the man that \u201cthe substance of your complaint is that the School Principal didn\u2019t treat your child appropriately during a medical episode and moved him inappropriately when they shouldn\u2019t have\u201d.<\/p>\n

Judge Gabbett told the parent that \u201cif your complaint is viable and legitimate, and certainly it has all the hallmarks of being legitimate, someone needs to be told that the school is not adopting the correct procedures\u201d.<\/p>\n

Judge Gabbett told the parent that the legislation concerning Restraining Orders is quite specific, where he can get an order if he fears that violence will be used against the applicant or a connected person.<\/p>\n

Judge Gabbett said that there has to be serious alarm or distress on the parent\u2019s part at a substantial adverse impact and \u201cthese are the two aspects I am struggling with and I don\u2019t believe that this application fits within the act and this particular legislation\u201d.<\/p>\n

<\/p>\n

\"Cloverhill<\/p>\n

Ireland<\/p>\n

Cloverhill prisoner (20) overdosed from drugs thrown over wall and concealed in his body<\/p>\n

<\/a><\/p>\n

Judge Gabbett said that he was refusing the application and told the man to write to the school Board of Management to outline his concerns.<\/p>\n

Judge Gabbett said that the \u20ac80 paid in stamp duty by the man to the Courts Service to seek a restraining order be returned to the man.<\/p>\n

Civil restraining orders were introduced in the Criminal Justice (Miscellaneous Provisions) Act 2023 as a measure for people seeking protection.<\/p>\n

The District Court may issue an order to prevent the respondent from violence or threats, stalking, harassing or approaching the applicant’s home, work, or school. It can run for up to five years but may be shorter.<\/p>\n","protected":false},"excerpt":{"rendered":"A judge has rejected an application by a school parent for a civil restraining order against a primary…\n","protected":false},"author":2,"featured_media":11308,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[42,43,40,38,41,39],"class_list":["post-11307","post","type-post","status-publish","format-standard","has-post-thumbnail","category-headlines","tag-headlines","tag-news","tag-top-news","tag-top-stories","tag-topnews","tag-topstories"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/11307","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/comments?post=11307"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/11307\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media\/11308"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media?parent=11307"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/categories?post=11307"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/tags?post=11307"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}