QLD Aggrieved on Protection Order - Charged with Contravention of Domestic Violence Order?

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Kimberly

Member
2 December 2015
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0
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Hi,

My partner and I have had an "on again, off again" relationship for a few years. On the 28/03/2014, a Protection Order was placed on me, the respondent, which lasted 1 year, ending 28/03/2015. On the 4/02/2015, a Protection Order was placed on my partner, him being the respondent & me being the aggrieved, which ends on the 4/02/2016.

On the 7/11/2015, I was charged with Contravention Of Domestic Violence Order? I have to be in court tomorrow morning. I'm just wondering, can I be charged with breaching the order when the order that is currently in place I am the aggrieved?

I'm confused.

Thank you kindly.
 

sammy01

Well-Known Member
27 September 2015
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721
2,894
If the DVO had expired then you can't have breached it... Are you sure the order wasn't for 2 years???
 

Kimberly

Member
2 December 2015
2
0
1
If the DVO had expired then you can't have breached it... Are you sure the order wasn't for 2 years???
Hi Sammy,

Thank you for your reply. The order definitely is just the 1 year and yeah I know, everybody I've mentioned it to (which wasn't many, I'm very embarrassed of my own behaviour) but they all say the same, that the orders are minimum 2 years? Kind of felt a little privileged (for all the wrong reasons) that mine was only for a year! But when my partner faced the same judge I had, she went to place his order for 2 years, and he kicked up a big stink asking her how she justified only giving me the 1year and him the 2years. In the end, she gave him the same as I did, 1year. But if you do google it, it does state that the length of time given for these orders is up for the Magistrate to decide and at the time.

I ended up calling Legal Aide for some advice and she said the same thing, how can I be breached for an order that doesn't exist?

So, courts adjourned and I'm off to legal aide. Crazy thing is, is that I nearly just took those chargers for nothing really.

Thank you for your reply, though. I appreciate it.