Woman who claims brother is ‘trying to get mother diagnosed with dementia' granted restraining order

Sunday World

07-07-2025

The woman told the court that their mother, now in her mid-80s, owns all of the land and the house
A judge has granted a woman a 200 metre exclusion order at her home against two of her brothers arising from 'some shenanigans going on over land'.
At Ennis District Court, Judge Alec Gabbett has granted the woman the interim restraining order against the two after hearing evidence of an alleged minor assault carried out on the woman by one of her brothers.
After viewing photos of marks from the alleged assault on the woman's phone, Judge Gabbett told her: 'You were assaulted. You were badly bruised.'
The woman said that the assault arose in circumstances where her brother was trying to get their mother to get her into a nursing home to get her tested for memory.
As part of her ex-parte application, when only one side is present in court, she said: 'He is trying to get her diagnosed with dementia."
The woman told the court that her mother, now in her mid-80s, owns all of the land and the house.
Judge Gabbett said that it was his understanding that the woman, from a rural area of Co Clare, was seeking the restraining order as there are 'some shenanigans going on regarding land'.
Explaining the background, the adult daughter said her mother was recently at home in bed with a chest infection.
She said that her brother came the night before to stay and he wanted to get her into a nursing home.
She said: 'I knew my mother was too sick that morning."
Judge Gabbett asked: 'What does he want out of all of this? Why is he trying to get her tested?'
The woman said that 'he is trying to take her rights away' so she will have appointed a Decision Making Representative (DMR).
The woman said: 'I think the DMR can over-ride her will.'
Judge Gabbett said that this wasn't the case and said her view was an example of 'barstool lawyering'.
The woman said: 'I am frightened of my brothers.'
She said that she has cared for her mother for years and when her brother was trying to get her to leave the house to go to a nursing home for tests, 'he kept going on and on and trying to bully her to get up'.
The woman recalled: 'I knew she was too sick and I said 'she is not going and that's it' and he grabbed hold of me and dragged me from the bedroom into another bedroom across the hallway'.
Judge Gabbett said that he was putting in place a 200 metre exclusion order from the house against her two brothers and directed service by An Garda Síochána to serve the order because of the assault.
Judge Gabbett adjourned the case to this Friday "where your brothers will be able to put their side of the story to the court'.
He told the woman: 'You will all be here together so that might be problematic for you. Sometimes that is difficult when there is a family row. I would suggest that you have someone with you.'
Judge Gabbett said that he was granting the interim restraining order due to the alleged assaultive behaviour.
Civil restraining orders were introduced in the Criminal Justice (Miscellaneous Provisions) Act 2023 as a measure for people seeking protection.
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.
Breaking it could mean jail for up to a year and a maximum of €4,000 fine.
Judge Gabbett adjourned the case to July 11th.
Ennis courthouse
Today's News in 90 Seconds - July 7th