My son is facing his third breach of a domestic violence order here in QLD. His first and second was against me and he was fined $1500, on the second offence. He broke the third in total and the first against his Mother 10 days ago.
His mother who is a fragile woman and admits she overreacted since the incident will say the same in court. There was no property nor personal damage ,he lost his temper for not being allowed to take the car that night,he had been drinking I think, he kicked and punched the dashboard of his mother's car,no damage was done.
The police have CCTV footage of the incident. It was in a KFC drive through. To be clear he has an order against both of us,and has breached mine twice and now his mothers once, his mother was placed after the second incident with me on the recommendation from the police.
My wife did not want him charged and she would not make a statement after the incident when police attended our home,she did sign a paper to the effect she would not give a statement other than handwritten notes taken on the night she has not made further statements..the police decided to charge him for a breach. We are extremely worried that this breach being if, in fact, it constitutes three breaches that a jail sentence could come of it.
As I have said not at any time during any breach has there been any physical violence toward me or my wife. Please suggest on what we can do or say in the court that will help avoid a prison sentence, he most certainly does not deserve one, it is the fact that my wife did over react that night of the offence, as she is very fragile when any boisterous behaviour happens, ever since she was a witness for the crown in a murder case many years ago in Qld.
Any help will be helpful to us as we c an not afford a lawyer.
Thanks in advance.
His mother who is a fragile woman and admits she overreacted since the incident will say the same in court. There was no property nor personal damage ,he lost his temper for not being allowed to take the car that night,he had been drinking I think, he kicked and punched the dashboard of his mother's car,no damage was done.
The police have CCTV footage of the incident. It was in a KFC drive through. To be clear he has an order against both of us,and has breached mine twice and now his mothers once, his mother was placed after the second incident with me on the recommendation from the police.
My wife did not want him charged and she would not make a statement after the incident when police attended our home,she did sign a paper to the effect she would not give a statement other than handwritten notes taken on the night she has not made further statements..the police decided to charge him for a breach. We are extremely worried that this breach being if, in fact, it constitutes three breaches that a jail sentence could come of it.
As I have said not at any time during any breach has there been any physical violence toward me or my wife. Please suggest on what we can do or say in the court that will help avoid a prison sentence, he most certainly does not deserve one, it is the fact that my wife did over react that night of the offence, as she is very fragile when any boisterous behaviour happens, ever since she was a witness for the crown in a murder case many years ago in Qld.
Any help will be helpful to us as we c an not afford a lawyer.
Thanks in advance.
