*The case was before the Family Law Court.
A PENSIONER has told a court that his wife continues to verbally abuse him about his age and tells him that he is senile.
At the Family Law Court, the man said his wife tells him “that I can’t see properly and that I can’t hear”.
Asked by Judge Mary Cashin why he was seeking a Protection Order from the court, the man replied, “Because my wife continues to verbally abuse me about my age, she says I am senile”.
In sworn evidence, the man said, “I find it very upsetting. It is going on a continuing basis”.
Judge Cashin asked the man if he is afraid of his wife and in response, the man said, “I suppose there is a certain amount of fear as well”.
He said, “I am not allowed to use the family car. I have no access to town and it is a good bit outside of town where we live”.
The man’s age was not disclosed in court but he did say that his family includes a number of adult children, including one aged in his early 50s.
However, after hearing the man’s evidence seeking the Protection Order, Judge Cashin told him, “The whole thrust of the Domestic Violence Act is that the court must be satisfied it is a situation where you require protection of the court. It is a very serious order to make and from your information I am not satisfied to grant a Protection Order”.
Judge Cashin told the man, “You have difficulties in your marriage and difficulties with your wife but from what you said I am not satisfied that it is a matter where the court should be used”.
In response the man said, “Okay, I understand that.”
Judge Cashin said, “I hear what you are saying and I have great sympathy for you, there is another route you should take and talk to your family and talk to your children”.
The man replied, “They know the situation and they wanted me to take this course of action for my own safety”.
Judge Cashin told the man to take legal advice on the issue. She said, “The implications of a Protection Order is that if there is a breach the person would face a prison term up to 12 months. It is a very serious application”.
The man said, “I didn’t realise the severity of it to be honest with you. Given what you have said, I will go back to my family and leave matters as they are”.
The man asked, “What about the use of the car?” and in response, Judge Cashin said, “I don’t give advice – I can’t do that”.
The man said that he would withdraw his PO application. He commented, “In the present situation, there isn’t much point going ahead with it”.
