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

Discussion in 'Family Law Forum' started by Kimberly, 2 December 2015.

  1. Kimberly

    Kimberly Member

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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.
     
  2. sammy01

    sammy01 Well-Known Member

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    If the DVO had expired then you can't have breached it... Are you sure the order wasn't for 2 yrs???
     
  3. Kimberly

    Kimberly Member

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    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 1yr and him the 2yrs. In the end, she gave him the same as I did, 1yr. 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.
     

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