Man avoids punishment for ’confusing’ DV breach

A Dalby man who parked too close to his ex-partner’s house, which saw him breach a DV order, claimed in court the restrictions were ‘confusing’.

Court, Justice, Law, Courthouse, Brisbane Supreme Court, Queensland Court of Appeal, Brisbane District Court

A Dalby dad who went to pick up his kids for school was hit with a DV breach after parking too close to his former partner’s fence.

The 40-year-old, who legally cannot be named, fronted court on Tuesday charged with breaching a domestic violence order made on June 24 which prohibited him from being within 50m of the protected person’s home.

The court was told that on July 11 the protected person was at home when they heard one of their three young kids yell “da da” and run towards the door.

When she looked outside she saw his car parked about 10m from her fence line down the road at which point she called the police.

The man’s lawyer Michael Bond said his client had been under the impression he was picking the kids up for school after receiving a text from his former partner saying one of the kids was sick and wouldn't be going to school.

The court was told that he had allegedly driven the children to school without permission from the protected person on other occasions.

When police arrived the defendant showed them messages on his phone from previous times he had been asked to pick the kids up and said he “confused by the conditions”.

Magistrate Kathleen Payne told the man who had “been convicted multiple times” for DV related offences that the conditions of the protection order clearly stated he could not be within 50m of the home irrespective of if the mother of his children had texted him.

The man was convicted for a DV breach but no further punishment was recorded.

No conviction was recorded