{"id":512617,"date":"2026-06-22T13:15:12","date_gmt":"2026-06-22T13:15:12","guid":{"rendered":"https:\/\/www.newsbeep.com\/ie\/512617\/"},"modified":"2026-06-22T13:15:12","modified_gmt":"2026-06-22T13:15:12","slug":"donegal-man-seeks-civil-restraining-order-against-lender","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/ie\/512617\/","title":{"rendered":"Donegal man seeks Civil Restraining Order against lender"},"content":{"rendered":"

A Donegal man has sought to get a Civil Restraining Order against a lending institution.<\/p>\n

Also known as a \u2018Section 28 Order\u2019, it is normally used to direct \u2018a person\u2019 to stop engaging in certain unwanted behaviours against another person, such as stalking or harassment.\u00a0<\/p>\n

The unusual case was brought before Letterkenny District Court by a local man who cannot be named.<\/p>\n

Solicitor for the plaintiff, Mr Donough Cleary, told Judge Emile Daly his client was seeking the order to prevent a lending institution \u201cusing or threatening to use violence or putting his wife in fear.\u201d<\/p>\n

The institution was not represented in court.\u00a0<\/p>\n

Judge Daly, however, said it was her opinion that a company could not be subject to a Civil Restraining Order.\u00a0<\/p>\n

\u201cThe problem with this act is there is no definition of what a respondent is,\u201d she said.<\/p>\n

\u201cSection 28 refers only to a person, but does not define what that is. My concern is that a \u2018person\u2019 cannot be body corporate. Is it possible for a body corporate to engage in this conduct?\u201d<\/p>\n

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Judge Daly added the definition of a body corporate means they cannot be accused of an offence.\u00a0<\/p>\n

\u201cThere is no identifiable person or accused in this case. If an order is given, it will essentially be against a lending institution.\u201d<\/p>\n

Mr Cleary said the order was being sought \u2018against the institution\u2019. He added that, because such cases are held in-camera (in private), it\u2019s hard to find precedence.<\/p>\n

Judge Daly added there was \u2018not a risk of violence\u2019 against the plaintiff or his wife.. However, Mr Cleary said: \u201cThere is threat to property. Fear is subjective or objective and Ms \u2026\u2026 has a subjective fear.\u201d\u00a0<\/p>\n

The judge indicated it would be \u2018disproportionate\u2019 to grant the order in this case, so she was going to refuse.\u00a0<\/p>\n

Mr Cleary countered, however, there \u2018is scope to order a body corporate\u2019 to adhere to a restraining order.<\/p>\n

Judge Daly responded she would \u2018never stop anyone querying this\u2019 and agreed to adjourn the matter to allow Mr Cleary to explore the matter further with his client.<\/p>\n

\u201cI\u2019m not going to issue a summons if I feel proceedings are not being correctly brought. It seems to me the court would have to hear from both sides,\u201d she concluded. <\/p>\n","protected":false},"excerpt":{"rendered":"A Donegal man has sought to get a Civil Restraining Order against a lending institution. Also known as…\n","protected":false},"author":2,"featured_media":512618,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[61,60,43],"class_list":["post-512617","post","type-post","status-publish","format-standard","has-post-thumbnail","category-ireland","tag-ie","tag-ireland","tag-news"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/512617","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=512617"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/512617\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media\/512618"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media?parent=512617"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/categories?post=512617"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/tags?post=512617"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}