Australia's #1 for Law

Join 11,000+ Australians. Ask a question, respond to a question and better understand the law today!

Dismiss Notice
Hi Guest, Want peace of mind with personalised legal advice today? Visit LawTap to find the right Australian lawyer and book online instantly.

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

    Joined:
    2 December 2015
    Messages:
    2
    Likes Received:
    0
    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

    Joined:
    27 September 2015
    Messages:
    1,428
    Likes Received:
    202
    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

    Joined:
    2 December 2015
    Messages:
    2
    Likes Received:
    0
    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.
     
Loading...

Share This Page

Loading...
gt;