VIC Can Ex Give Statement to Police That I Breached Orders?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Poppy123

Member
22 October 2016
2
2
4
I have a family violence order on my husband, put in place by the police. He has breached the order and caused reckless endangerment. He was arrested and we are awaiting court proceedings. There were witnesses, so not too worried about the outcome.

Since this incident, he placed an order on myself and son, out of spite. I have been told to contact the police if any communication other than about our son's arrangements are made. Initially, I didn't really think it necessary to report everything, even I have contacted him regarding unpaid toll invoices and a long lost relative trying to reach him.

I have recently been made aware that he has placed a new contract and phone on my Telstra account, his mobile phone was under my name and he had full authority. He has refused and denied the account. I have received communication, etc., showing he was in fact the owner of the phone and was able to provide a statement to police that he was breaching the order by economic abuse. He had also sent me to songs via messenger 2 days ago at 3am another breach. Both statements given to police and he will be contacted in the next few days for breaching, again.

My question is, as I had contacted him myself a couple of times, and yes he responded and there was conversation going back and forth, unrelated to visiting our son, can he in turn give a statement stating I breached the order weeks ago, even though he responded?
 
  • Like
Reactions: Timnuts

Lance

Well-Known Member
31 October 2015
852
123
2,394
It all depends when the order was placed on you. If you have contact him yourself since the order was placed on you, he could look at raising a breach against you or using that breach to minimise the impact of his breach.
 

Poppy123

Member
22 October 2016
2
2
4
It all depends when the order was placed on you. If you have contact him yourself since the order was placed on you, he could look at raising a breach against you or using that breach to minimise the impact of his breach.

Yes it was after the fact. But it wasn't anything malicious just re a bill and a long lost sister. But I guess contact is contact. Hopefully they will see it as not a threat, even though he replied and we went back in forth in convo.
 
  • Like
Reactions: Timnuts