Maryborough man in court for breaching DVO
A Maryborough man who sent text messages to his children telling them he would ‘always be there’ has faced court for ‘clearly and blatantly’ breaching a domestic violence order.
Police & Courts
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A father’s text messages to his children have landed him before court because sending them was “clearly and blatantly” in breach of a domestic violence order against him.
The man, who cannot be named for legal reasons, pleaded guilty to one count of contravening a protection order when he faced Maryborough Magistrates Court this week.
The court heard the 42-year-old man was not allowed to contact his former partner or his children under the terms of the order.
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On September 8, he sent a text message to one of the children “hi kids, hope you’re doing well. I miss you and love you so much, I am lawfully allowed to say hi. I will always be there whenever you want me kids, just letting you know”.
On September 15, another text was sent, which asked how the child’s schooling was going.
Police later attended the man’s address in relation to the texts and he made admissions to messaging the children, saying he had read the order wrong and believed he was able to contact the children.
He had previously breached a DVO on five previous occasions, the court was told.
Defence lawyer Morgan Harris said it was at the lowest end of offending behaviour and there were no allegations of threats or abusive behaviour.
He had since ceased all contact, Mr Harris said.
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The man was employed in rural contracting, including fencing and farm maintenance, and was a contributing member of society, Mr Harris said.
He and his wife separated in 2022 and he “did not take it very well,” the court heard.
“He accepts he acted inappropriately,” he said.
Mr Harris said the man had misunderstood the terms of the protection order, but once it was explained to him he had stopped sending messages to the children.
Magistrate John Milburn said the man had “clearly and blatantly” breached the terms of the order.
He said there was no malice or threats in the messages but it needed to be ensured that people did not breach orders.
The man was fined $1000 and a conviction was recorded.