Husband ‘hid HIV from wife but kept having relations as normal’ as she secures barring order against him

A judge has granted a Protection Order under the Domestic Violence Act to a woman after she told a court that her husband has concealed his HIV status from her.

At the Family Law Court, the district court judge has told the woman that she needs to report her husband’s “deception” over his HIV status to the Gardaí.

The judge said to the woman “the deception here is that he knew that he had HIV and he continued to have, I assume, relations with you as normal without telling you?”

In response the woman replied ‘yes”.

The district court judge told the woman: “I am nearly certain that this is a criminal offence in terms of the issues. He was diagnosed with HIV and he didn’t tell you.”

The woman said that after finding out about her husband’s HIV status she has taken a HIV test and is awaiting the results.

The woman provided a written statement to the court grounding her Protection Order application which was made on an ex parte basis where her husband was not present.

After reading her written statement the judge said: “You are frightened that if he comes back to the house that he will give you HIV if you haven’t got it already?”

The woman replied “yes”.

The woman said that she doesn’t know how her husband contracted HIV and said that she was “shocked” when she was told by a third party of his condition.

The woman told the judge that her husband hasn’t said how long he has had HIV.

The judge said that he was “happy to grant the order on that basis but I think you are at risk and he may believe that he can continue as is”.

The judge confirmed that gardaí will serve the contents of the Protection Order on the man. If the man breaches the Protection Order, he can be arrested without warrant on foot of a complaint by the woman and be brought before a court.

The Protection Order is to remain in place pending a hearing for a Safety Order where the man can contest the Safety Order application in court.

A number of accused men have appeared in criminal courts here and overseas charged with causing serious harm by knowingly and recklessly infecting sexual partners with HIV.

Most cases of HIV, which causes Aids, are caused by having sex with a person who has HIV without using a condom.

While there is no cure, there are very effective treatments that enable most people with the once-fatal virus to live a long and healthy life.

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