Pembrooke father of two sentenced for three breaches of ex-wife’s AVO conditions

A local father of two was sentenced in Port Macquarie local court this week for breaching AVO conditions related to his ex-wife.

A Pembrooke man appeared before the court this week for three counts of contravening his domestic AVO restrictions.

The 26-year-old father of two pleaded guilty before Magistrate Georgina Darcy on Wednesday, March 9.

The offence occurred on Tuesday, February 8, and again on Thursday, February 10, when he came into contact with his ex-wife and their two children under five.

On the afternoon of February 8, the mother noticed her ex-husbands vehicle registration while driving to her Wauchope home.

As she arrived home, the ex-husband pulled into the driveway behind her and an argument arose between the pair.

Just two days later, on the evening of February 10, the mother took the children to father’s parents’ house in Pembrooke to visit, as they had been asking to see them.

The mother did not tell her ex-partner about this visit, but the father arrived at the house while his ex-wife and children were there.

Again, arguments commenced between the two.

The ex-husband took his eldest child, because the son was saying he wanted his daddy, according to the police facts.

Since the child had requested to spend time with his father, the mother allowed him to go while their youngest remained in her care.

The father was to return the child to his ex-wife at 5pm on Friday, February 11, but didn’t show.

Police attended the father’s residence on the morning of Saturday, February 12, where he was cautioned and placed under arrest.

He made a full admission of breaking the AVO conditions, which was recorded on a police body-worn camera.

The father’s defence told the court he has been in counselling since the incident, and there has been no further contact between him and the mother.

The court also heard there is now a parenting plan in place between the mother and father, which will see all custody changeovers occur at daycare with limited contact between the two.

The lawyer also referred to the father’s lack of criminal history, saying he had never appeared before the courts prior to this AVO matter.

Ms Darcy took these factors into account, cautioning the father on the gravity of his offence.

“These breaches are, in my view, serious,” Ms Darcy said.

“Under the AVO, you shouldn’t have known where the victim lives – you knew that, the order is on you, you were there when the AVO was granted.

“The nature and number of violations here warrants a conviction.

“I know he hasn’t been before the court, but he shouldn’t have done this – there’s three breaches.”

Ms Darcy sentenced the father to a conditional release order for a period of 12 months, commencing Wednesday, March 9, and expiring in 2023.

He cannot commit any offence during this period.