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QLD Partner Breached DVO - Can Magistrate Change the Order?

Discussion in 'Criminal Law Forum' started by anne1988, 24 August 2015.

  1. anne1988

    anne1988 Well-Known Member

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    During a recent argument with my partner, he had pushed me aside causing me to lose balance, fall and break a bone. Police attended as there is a mandatory condition Domestic Violence Order in place and they charged my partner with a breach. He was released on bail.

    A temp protection order was in place until next court date stating he can have no contact at all with me and our kids. I've tried to get the police to drop everything. I've even put an app in for the court to vary the order as I wish to reconcile and have my partner home asap. He would be willing to attend couples counselling and anger management.

    What's the likely outcome ? Will a QLD magistrate respect our wishes ?
     
  2. Tim W

    Tim W Lawyer

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    It's not a question of "your wishes".

    There have been offences committed, and the safety of children is in question.
    Also, police have standing orders about what to do in cases like yours - because
    the PINOP* is often either intimidated, or conned, into not continuing.
    You may find it very difficult indeed to persuade the police to discontinue the matter.



    ------------------------------------------------------
    *Person In Need Of Protection
     
  3. anne1988

    anne1988 Well-Known Member

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    OK but what is the likely outcome?
     
  4. Tim W

    Tim W Lawyer

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    Going only by what you have told us here,
    missing facts missing, and any unstated ifs, buts and maybes not allowed for,
    and without knowing the Police's position on your particular case,
    it's quite common for the order to remain in place, and quite common for a trial to go ahead.
     
  5. anne1988

    anne1988 Well-Known Member

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    I have a domestic violence order and it states my partner is not allowed to stay with me at any place or to reside with me. It also states it is not to be varied until next year. We both find this to be unreasonable and ridiculous. It's coming up to the birth of our child and I need him home so he doesn't miss out. Not to mention how expensive it is to travel 6 hours to visit him and we can't even see each other for that long. It's stressful. I'm having complications with the pregnancy because of this. I didn't want this.

    We both tried to object the order to the judge but they are making an example out of us apparently. We're not the "typical" couple to make an example out of though.

    My further legal questions are:
    • What can be done?
    • And what are the consequences if we were to reside together even if No domestic violence ever occurs?
     
  6. Amanda E

    Amanda E Well-Known Member

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    If you've tried through the court but the judge has said you can't vary it until a certain date, you'll have to wait it out, or seek further legal advice.
    Technically you'd be breaching the order if you live together, but my understanding is that the other party usually has to report the breach to the police and have evidence to back it up. (Sounds like both of you aren't going to report for the sake of your child). Have a read of this fact sheet about Family and Domestic Violence Orders for more information.
     

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