Breach of cancelled restraining order

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Catherine23

Member
27 February 2019
1
0
1
hey! Simple question for you guys...
can you be charged for a breach of a restraining order if the order has since been cancelled and was over a year ago?

Situation is ex has taken out a fvro For a second time. The first time I had caught her cheating and had punched a hole in a wall while she was out and this time I served her with family court application and she took one out and lied on it as soon as she saw me after she was served.

The first order she took out, as soon as it was in place she started texting me asking me to meet her in car parks out of town with our daughter because she loves me and misses me. Obviously me replying and meeting her is a breach... but she later cancelled the order and I am wondering if I can use this as proof that she isn’t scared of me and uses these orders as a way of showing she has control over me seeing my daughter. Without getting charged for a breach....
 

Tony Danos

Lawyer
LawConnect (LawTap) Verified
29 November 2016
330
56
794
Victoria
lawtap.com
Contacting her whilst the order is current constitutes a breach. If it is discontinued afterwards would go to penalty.
 
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