QLD Breach of 5-Year DVO and Proceedings in Family Court - Help?

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Melon

Active Member
26 July 2018
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My daughter has been separated from her ex de facto for approx 6 months.

She separated after approx 3 years together because the relationship was extremely toxic & abusive. They have a 2.5-year-old child. (She became pregnant within a week of being with him) She also has a 5-year-old whom has had no contact with the biological father.

They both lived with me for approx 1.5 years, as he had no drivers licence for drug driving & no job. He also spent time in jail for assaulting his previous girlfriend in her bedroom after they separated.

During the time he lived with me, I experienced extreme emotional & psychological abuse from him, even though he was living in my home, which eventually led to me spending most of my time in my bedroom & I eventually moved into my caravan as I could not stand the toxic environment. I also witnessed the same sort of emotional psychological abuse he inflicted on my daughter.

They then spent approx a year together in their own place. After separation, he continued to stalk, harass & abuse my daughter. He also sexually assaulted her in front of the children during a visitation a couple of weeks after she left him.

My daughter applied for a DVO & was granted a 5-year DVO.

He continues to ignore the DVO. She has received 1000s of abusive threatening texts. He has breached the DVO for the forth time & police say he may be looking at jail time this time. He is currently on probation for these breaches.

She tried to initiate mediation & was told that this case was not suitable because of DVO & ongoing extreme intimidation & abuse. There is currently no formal agreement regarding visitation. The mediator told my daughter she doesn't have to put up with abuse. The mediator told my daughter to text him that he is only permitted to do a video call every week & is only to text her at a certain time once a week, & only to discuss child welfare & anything to do with court proceedings regarding child visitation etc.

He has taken no notice & continues to try to call & text her. She sometimes receives over 50 texts a day!

She tried to get court order put in place, because he has previously threatened suicide & also to take both children interstate, but thecourt sent her a letter saying it is not in the best interest of the child for him to have visitation because of the current DVO & young age of the child.

That court order application has since expired & a new solicitor has advised to wait for his application to family court. She has always maintained the weekly video calls, even though he abuses her!

My question is:

Does she have any legal right to stop the video calls? How would this affect family court proceedings?

He uses them to insult & verbally threaten her in front of her son.

Surely she has a right to protect herself & it is no good for their son to hear him abuse her? He has threatened to "f**k her over in family court" & he is going to try & take both her children off her. She is only young, just 23.

She & her children have been living with me for the 6 months since separation as he actually kicked her & the kids out of their home.
 

sammy01

Well-Known Member
27 September 2015
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Stop all contact...

Keep the mobile phone number for a while (if not on a contract). Get another mobile and inform all her mates of that new number - so she can turn off the phone that is attached to the number he calls her on.... So she doesn't have to freak out every time the phone makes a sound.

The avo and his continual breaches are grounds for her to end contact.

Don't respond to any of the emails / texts that are abusive... Don't throw petrol on fire... True
 
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Bill Murray

Well-Known Member
6 June 2018
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If he is contacting her every day then she is not reporting every breach or she hasn't got a no contact order.

Vary it to include no contact. If no contact exists then report it every day.

Every. Single. Day. It needs to be reported.
 

Melon

Active Member
26 July 2018
5
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31
The DVO says
He cant contact her except to the extent that it is necessary for the respondent to appear in court or tribunal,to attend an agreed conference,counselling or mediation, & to have contact with children as set out in a written agreement between the parties or as permitted by a court order.
There is no written agreement.
The children were supposed to be on the DVO as well, but this didn't happen.
The police are in the process of having the kids puts on DVO as protected persons, & also to vary the order to no contact.
She reported him 4 times for breaches, (she should have done this more often)& he is yet to be served by police for his 4th breach,as they have been unable to locate him during the last week.
We live in a rural area & the police only man the local police station one day a week!
He failed to appear in court for his 3rd breach.
She will report him everyday from now on.
He is currently on probation, & is supposed to report to a probation officer weekly,but as far as I am aware he did not report this last week.
She has been allowing him to video call once a week even though he continues to abuse & threaten her,because she didn't want it to appear that she was alienating their son from him,but he uses the video calls to abuse her in front of their son.
Are you saying that she has a right to end the video calls & contact completely?
Should she wait till she can get a variation on the DVO?
She is worried that family court will frown upon her wanting no contact.
 

Bill Murray

Well-Known Member
6 June 2018
159
19
454
f**k yeah end the video calls.

The DV order stipulates he can only contact her or the kids as per a court order or in a written agreement. There is none. He is breaching the DV Order.

He has failed to appear - a warrant is now out for his arrest. Each breach that goes on adds to the penalty and eventually he'll do some time.

Continuously breaching a DV order will definitely be frowned on by the family court.
 
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Rod

Lawyer
LawTap Verified
27 May 2014
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I agree with @Bill

Just make sure you keep all the evidence in case you need it for the family law matter.
 

Melon

Active Member
26 July 2018
5
0
31
Just an update:
Police have informed my daughter he has now a warrant out for his arrest for breach of DVO & Stalking.
Unfortunately they are still looking for him.
We have no idea where he is, or what he may be up to.
So it's a very stressful time for us.