QLD Breach, dvo

[Amandam86]

Hi
I have a dvo on my ex. He is not allowed to come to my house within 100 metres and also can’t come into contact with me unless I give him written permission!
He has turned up here twice I have videos and photos of him and me asking him to leave,
He has also threatened me but I don’t have that recorded from another time.
Will he go to jail for these breaches? He hasn’t had a breach yet

 

[Atticus]

I have a dvo on my ex.

First of all he needs to be aware of the order... Do you know for certain if he has been served?

If you believe he has breached a restriction of the order you must first report it to police (with evidence if possible), it will then be up to them to interview & decide if a breach has occurred, how serious it is & if it warrants a charge or a warning.... If he is charged he will need to face court. What happens at court & the consequences that follow is entirely up to the magistrate of the day

 

[Amandam86]

First of all he needs to be aware of the order... Do you know for certain if he has been served?

If you believe he has breached a restriction of the order you must first report it to police (with evidence if possible), it will then be up to them to interview & decide if a breach has occurred, how serious it is & if it warrants a charge or a warning.... If he is charged he will need to face court. What happens at court & the consequences that follow is entirely up to the magistrate of the day

 

[Amandam86]

Yes he’s aware,
We went to court two years ago. In my video I stated I’d call the police if he didn’t leave and he didn’t care! Thanks for the reply

 

[Atticus]

Yes he’s aware,
We went to court two years ago. In my video I stated I’d call the police if he didn’t leave and he didn’t care!

So if the orders have been in place for 2 years (you say no past breaches) then is there anything new happening NOW that *may* be the catalyst for this.... Do you share children? ..... is there a property settlement in progress? ..... have you been seeing each other at your invitation?

Obviously the orders are black & white, but unfortunately some people use these kind of orders to absolve themselves from all responsibility as to consequences that may flow from what *may* be considered provocative behavior on their part, refusing to participate in important communication over children, property settlements etc etc

Police may take these things into account when assessing whether to warn or charge...

 

[Amandam86]

W

So if the orders have been in place for 2 years (you say no past breaches) then is there anything new happening NOW that *may* be the catalyst for this.... Do you share children? ..... is there a property settlement in progress? ..... have you been seeing each other at your invitation?

Obviously the orders are black & white, but unfortunately some people use these kind of orders to absolve themselves from all responsibility as to consequences that may flow from what *may* be considered provocative behavior on their part, refusing to participate in important communication over children, property settlements etc etc

Police may take these things into account when assessing whether to warn or charge...

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[Amandam86]

W

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We are no longer together. We’ve only recently split. He is a meth addict and we have a lengthy dvo history going back to 2014. He got arrested in 2017 on strangulation and it went to trial. They let us have contact with written consent , not to live together and not coming to my home.
since we broke up police have called to check on me as they were concerned for my safety as they heard he’s“ on a bender “we have a child together , but he just rocked up twice and the second time he was demanding his stuff back, I had family here and he was carryingon

 

[Atticus]

We’ve only recently split....
he just rocked up twice and the second time he was demanding his stuff back,

Quite within your rights to report him, in fact you definitely should.... When talking to police, ask them to arrange a standby breah of peace. That is where they are present when you give back to him any personal property of his that you have ....

Then DON'T get personally involved with him in the future .... Cops have a hard enough time enforcing these orders, makes it a lot harder when the protected person is inviting the respondent back into thier lives.... Just something to consider

 

[Amandam86]

Quite within your rights to report him, in fact you definitely should.... When talking to police, ask them to arrange a standby breah of peace. That is where they are present when you give back to him any personal property of his that you have ....

Then DON'T get personally involved with him in the future .... Cops have a hard enough time enforcing these orders, makes it a lot harder when the protected person is inviting the respondent back into thier lives.... Just something to consider

 

[Amandam86]

Thank you for your help!
I have him his stuff when he was here , he just rocked up otherwise I would have done what you had suggested ! Thank you