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NSW Ex Reporting Breach of Good Behaviour to Police?

Discussion in 'Criminal Law Forum' started by JohnZoom, 23 August 2016.

  1. JohnZoom

    JohnZoom Member

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    My brother was charge with Common Assault Domestic Violence - long story but they were both in the wrong but only he was charged.

    He is on a 12-month good behaviour bond, and will never do it again.

    He recently had a simple argument with his wife about their child's haircut of all things and she threatened to call the police to say he broke his conditions. He swears he never threatened her or was over the top - just stating his position which I think is his right as a father.

    He is very worried even a normal day difference of opinion can now be turned into a jail term if his wife feels like it. How worried should he be?
     
  2. Sophea

    Sophea Well-Known Member

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    What are the terms of the good behaviour bond? Does it specify what behaviours he must avoid? I would just ensure that an independent third party is always present when he has interactions with his wife so that there is someone who can discount her allegations and provide a neutral testimony in court if necessary.
     
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  3. sammy01

    sammy01 Well-Known Member

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    Ok, so more detail needed.

    He has a good behaviour bond for assault... Does he have an AVO?

    Run - rub - run - she is gonna use the bond / AVO to get her own way. He is mad to continue having a relationship with someone willing to abuse the legal system in such a fashion.

    Lots of people find themselves in jail for this sort of stupdity. I had an AVO against me. My ex tried everything to get me done for a breach of AVO. And every time she complained to the cops, I had to go to the cop shop for an interview. It reached a point where I was doing rather irrational things like withdrawing money from ATM's un-necessarily and keeping receipts for every bloody thing. Why? So when the cops said that their had been a complaint about me driving past the ex's house I was able to say that I had a receipt / atm transaction that shows I was somewhere else. Madness.

    Eventually the cops cottoned onto the fact that the ex was trying to get me locked up, but they still had to investigate every complaint she lodged.

    Be warned.
     
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  4. JohnZoom

    JohnZoom Member

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    Thanks for the reply Sophea ad Sammy - I was waiting to get the specific details from my brother.

    He said he was issued with a 6-month Good Behaviour Bond which would now have been completed as his court date was early February this year.

    He was also charged with Common Assualt DV - T2 - issued AVO under section 9, I think he said.

    "These conditions prohibit you from intimidating, stalking, assaulting, molesting, harassing, threatening or otherwise interfering with the Protected Person or anyone he/she has a domestic relationship with." - He said he was also given additional condition of not drinking if he was to see her within 12 hours. That lasts for 12 months.

    They have stayed together since the incident and all seemed to be back to normal as it was out of character for both of them.

    I guess the big question is - can being annoyed and asking her what she was thinking getting a haircut for his son he didn't think was appropriate for a 5-year-old - be considered intimidation. He assures me he never entered her personal space - just said he was blown away by the stupidity and made his feelings heard.
     
  5. sammy01

    sammy01 Well-Known Member

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    Yep, what she said was pretty stupid. But if he tells her that, then he has breached the AVO... So if he wants to continue living with her, he really wants to watch his tongue until the AVO expires. Any silly argument and all of a sudden she decides to call the cops... He will have a hard time and even a trivial matter can become madness.

    Now the other thing is he now has a track record... So she can still make his life hard even after the AVO expires. The cops would take any further call outs more seriously. My thoughts: Stay calm. Do nothing...but if she tries to use the AVO / bond in the future, I reckon you wanna tell your brother to find someone else and be done with her.

    So can it be considered intimidation to tell your partner that you're annoyed at them? If the person feels intimidated, then yes...

    So when I brought my 70-year-old mother to pick up the kids and I had an AVO, the ex complained that she felt intimidated and that she thought I brought my mum along for that purpose... So because she felt intimidated, the cops called me in for a chat because every complaint needs to be investigated. The cops lose a lot of work time on this crap. Do you see how stupid this stuff can be?
     
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  6. JohnZoom

    JohnZoom Member

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    Thanks for the reply Sammy - looks like he is right to feel uneasy then. I was hoping it would have a clearer legal definition but sounds like its quite subjective.

    I was shocked they stayed together after the incident, but as mentioned it was out of character for both of them and they have tried to work their way through it - especially for the sake of their kid.

    I agree with you - he can't live rest of his life with that card being pulled on him when it suits. Marriages are full of minor disagreements - and if that becomes the go to stance on her part - he will never feel at ease. If he does get in her personal space - then he deserves what he gets - but I don't see that happening.

    He is very worried if he did separate - what impact this will have on the custody of his son - he is currently the primary carer as mother works evenings.

    Appreciate the feedback and sharing your experiences.
     

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