DVO application against senior Territory cop ‘an abuse of process’, court hears

An application for a domestic violence order against a senior Territory cop should be thrown out of court as an ‘abuse of process’, a court has heard.

• Woman applies for DV order against senior Territory cop

AN application for a domestic violence order against a senior Territory cop should be thrown out of court as an “abuse of process”, a court has heard.

Superintendent Daniel Shean, 47, again faced the Darwin Local Court on Tuesday where his wife, Tammy Shean, has lodged an application for a DVO against him.

Superintendent Daniel Shean leaves the Darwin Local Court on Tuesday after his lawyer told the court an application for a DVO against him was an ‘abuse of process’.

Mrs Shean wasn’t present and the court heard she was in between lawyers but counsel for Supt Shean, Luke Officer, said he would be seeking to have the application dismissed.

Mr Officer said Mrs Shean’s affidavit did not disclose “any reasonable grounds for an apprehension of fear that something might happen” to her and her application was “an abuse of process”.

“I have voluminous text messages between my client and the intended protected person, that in my respectful submission, go no higher than this being a family law dispute although trying to use the powers and the jurisdiction of the DVO court,” he said.

“(Messages) talking about access to children, communication with children, property and assets — so much so that on the weekend, registrar, my client spent considerable hours at the home they’re attempting to sell, with the protected person, doing gardening without an issue.

“The flavour of the messages would support my submission that this is not the correct forum to advance the matters that the protected person is seeking to advance.”

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Mr Officer declined to make an application for summary dismissal on Tuesday “in fairness to (Mrs Shean)” and registrar Kris Norrington adjourned the hearing until April 13.

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