Proserpine dad jailed after ignoring domestic violence orders hours after being served

A father of three was served with a domestic violence order just after 8am. Less than five hours later, police were called and found him in a bed at the house he was banned from.

A Proserpine man was served a varied domestic violence order at 8am and was found at the home he was banned from in Proserpine about five hours later.

A man who broke conditions on a domestic violence order within hours of being served will have a jail term hanging over his head for the next year.

The 35 year old was served a varied DV order just after 8am Monday and, within five hours, was reported to be at the home he was prohibited from attending.

Proserpine police received a Triple-0 call about 12.55pm, reporting a disturbance and a woman yelling, “don’t touch me”.

Prosecutor Emma Myors told Bowen Magistrates Court when officers arrived at the property they found the man asleep in a bed.

Sergeant Myors said he initially told police he was unaware of the order and its conditions, but solicitor Peta Vernon said her client was likely confused by the variation imposed in court last week.

Ms Vernon said man had three children but was confused about their ages, before telling the court the 35 year old was diagnosed with schizophrenia about 10 years ago and was required to take medication.

Appearing via videolink, the father told the court his children were four, six and eight, after Magistrate James Morton questioned “what sort of father” he was for not knowing ages.

She said the man, who relied on disability support pensions, had not taken his medication for two weeks before he was found at the woman’s home on Monday but, after a night in the police watch-house, had received and taken it.

She said the man instructed a dog had knocked over a cup of coffee onto the woman that prompted her yelling, and her client was not asleep in the bed, but was lying down.

Ms Vernon said her client had a limited education and ability to read.

“He has not been diligent enough in keeping up with his mental health,” she said.

Mr Morton told the man his problem was “you’re a very slow learner”.

He ordered the conditions be varied to allow the man to remove a caravan at the property within the next seven days but he not attend the address after that time.

The man was jailed for one month, wholly suspended for 12 months, with convictions recorded.