QLD My partner breached dvo for the second time.

[Tasha]

Hi,
I'm new to this so I don't know how to go about it. The police put a dvo out on my partner and he isn't supposed to have any contact whatsoever with myself and my two babies and he breached it twice on New year's and he's remanded in custody till the 29th of January. Any chance he will get bail? Or how long do you think he will be sentenced for?

 

[James Dylan]

Hey Tasha

I’m not a lawyer, but I am an ex-cop. I’ve seen this scenario before.

When you say “He’s remanded in custody until the 29th of January”, does that mean Police have him in the Watchhouse, or a Correctional Centre somewhere? “Remanded in custody” means that he’s kept behind bars until the 29th of January. So he won’t get Bail before the 29th. An officer would have objected to his Bail, which is why he’s remanded.

However, on the 29th the Magistrate can do whatever they like. He may get Bail from the Court if the matter is ongoing. Or the charge of “Contravention of a Protection Order” may be heard then and there, in which case your ex-partner will either be convicted of the offence or he wont be. And if he is convicted, he may or may not be sentenced to spend more time in a Correctional Centre.

It’s uncommon for someone to be remanded for such a long time over just two Breach’s of a DVO. I’m assuming that your ex-partner has a criminal history as long as this response, or that the two breach’s were really serious. So from what you’ve told us already, I can gather that it’s pretty serious. This is bad news for your ex-partner, as it means a Magistrate might not be too lenient. DV is a hot topic these days, and I’ve seen Magistrates penalise a Respondent more harshly because of how hot a topic DV is.

TL;DR - He’s not going anywhere before the 29th of January.

 

[sammy01]

what was the nature of the breach? bumping into you at the shops and saying hello? or breaking the front door of the house?

 

[Tasha]

He is in custody at a correctional centre, He does have a criminal history but not for domestic violence. The first breach wasn't serious but the second was, I never told the police what happened because I was so upset and scared at the time. The nature of the breach we was residing at the same place

 

[James Dylan]

How did you hear that he was being remanded until the 29th? Who told you?

 

[Tasha]

His cousin told me

 

[AllForHer]

Sorry, you were what? Residing at the same place? You were living together, in spite of the DVO?

 

[Tasha]

No exactly I kept going back and forth

 

[AllForHer]

You kept going back and forth? What does that mean?

 

[Tasha]

I was living at my aunties and I kept going over there like every couple of days