QLD DV victims contacted by family members

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

Mackaygirl33

Active Member
9 June 2016
13
2
34
please, only nice helpful responses to this question. Posting for a friend in a DV situation.

The police took out a protection order on her behalf against her husband. Standard mandatory conditions, no exclusion order. He did not attend this morning. Magistrate granted the order.

My friend has been receiving text messages from the other parties sister that are quite intimidating and she is very upset. They are to the nature of blaming her for the assault, and asking her not to proceed with the order.
This person obviously doesn’t know it was initiated by the police.

Seeing how upset this has made my friend (who is a victim!) could this be seen as a breach? Like, an associated act of DV? If so/if not what can she do? The message was sent to her while she was waiting to enter the court room. As you would understand it really knocked her for six at an already vulnerable time.

If I’m wrong that’s fine I Just need to know if there’s anything she can do to stop receiving that sort of thing. Broke my heart watching her read it.
 

sammy01

Well-Known Member
27 September 2015
4,853
690
2,894
Can I be done for breaching an avo because of what my sister did? NO....
Sorry that is absurd... I know you only wanted nice answers.... I am being as nice as I can.

What can your mate do? not much... If the text messages were threatening then take it to the cops. But I'm guessing they were not threatening?

What to do? tell her to get a new phone / new number... I do understand if she is on a contract that could cost lots.. But if she is not, then get a new number, tell all her mates the new number but not the ex's family... sorted.... If she is on a contract, learn to ignore OR block the numbers of the people she doesn't want to hear from....

Minimise all contact with the ex's family...
 

Mackaygirl33

Active Member
9 June 2016
13
2
34
Hey,

So I think the way you started your response makes it seem like it may be obvious to you - but sorry, it’s not obvious to me/us hence why I have asked the question.

If you left out that first paragraph it would have been a great response in itself.
 

sammy01

Well-Known Member
27 September 2015
4,853
690
2,894
thanks - the first part of your recent response kinda sucked, but it got better after that....
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,230
748
2,894
Sydney
...could this be seen as a breach?
Probably not.
But it could be a separate offence (by the sister) in the ballpark of Use Carriage Service To Harass
....what can she do?
Start thinking about the prospects of a separate order restraining the sister
 

Bill Murray

Well-Known Member
6 June 2018
159
19
454
Probably not.
But it could be a separate offence (by the sister) in the ballpark of Use Carriage Service To HarassStart thinking about the prospects of a separate order restraining the sister

Unfortunately QLD is weak as piss when it comes to orders other than DVOs. The only option is a peace and good behaviour order which is expensive if the other party contests it and the penalties are pretty ordinary. Restraining orders only really apply in stalking cases.
 

Rod

Lawyer
LawTap Verified
27 May 2014
7,203
969
2,894
Tell your friend to read the orders in the DVO.

There may be an order saying the husband must not use family and friends to contact his wife. If this order exists report the calls/texts to the police.
 
  • Like
Reactions: SamanthaJay

Tim W

Lawyer
LawTap Verified
28 April 2014
4,230
748
2,894
Sydney
Tell your friend to read the orders in the DVO.

There may be an order saying the husband must not use family and friends to contact his wife. If this order exists report the calls/texts to the police.
...and even if there isn't, then look for a phrase in the ballpark of
"...not contact the PINOP by any means whatsoever..."
 
D

Deleted member 12925

Guest
A lot of protection orders state that the Respondent is not to contact or try to contact the aggrieved directly or indirectly. If it can be proved that he has arranged for her to contact you then it is a breach of the order (provided that conditions is attached).

As peace and good behaviour order directly against your ex sister in law is also an option.