Hervey Bay man pleads guilty to breaching domestic violence order
A father of two used a co-parenting app to interrogate his former partner about her “new girlfriend” a court has heard, with a magistrate slamming the man’s actions.
Police & Courts
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Under the guise of inquiring about their child, a man sent messages to his former partner via a parenting app asking her about her “new girlfriend”.
The man, 37, who cannot be named for legal reasons, pleaded guilty in Hervey Bay Magistrate’s Court to one count of breaching a domestic violence order.
Police prosecutor Sergeant Kim Harwood said the man was prohibited from contacting his ex except for the purposes of spending time with their children, parenting or financial issues.
Between August 31 and September 10, the man had contacted the woman using a parenting app called AppClose, which was used for co-parenting.
That included asking how much time another woman was spending with his daughter and “is she your new girlfriend?”
He later messaged her and asked why she was restricting information about their daughter.
He told her she would be “footing all lawyers’ fees” for her non-co-operation”.
The woman responded that she didn’t have to respond just because he was mentioning their daughter, but she did respond when it was generally about their daughter.
He responded that she was “required by law” to tell him who her partner was, adding he would be contacting lawyers and police.
Sgt Harwood said the woman believed the man was trying to control her and who she associated with.
The man was later interviewed by police and admitted to sending the messages but said he believed he had the right to do so at the time.
Duty lawyer Daniel Ould said the man had two children and was currently employed.
He accepted the facts, Mr Ould said, and he had no prior criminal history.
Mr Ould said the man’s child had “made some disclosures” about the partner and he had a general belief he was allowed to contact her in relation to who was in the household and around the children.
“It wasn’t a means of him trying to control the aggrieved,” Mr Ould said.
Magistrate Trinity McGarvie said it was difficult to accept what the man had told Mr Ould, that he thought he was lawfully entitled to make those demands of his former partner.
She described the messages he had sent as “bullying and hectoring”.
“You were demanding and intimidating in the way you required her to provide that information to you,” Ms McGarvie said.
“You threatened her with all kinds of legal costs and expense.”
Ms McGarvie said he was not entitled to restrict the woman’s life choices or relationships.
The man was fined $450 and no conviction was recorded.
Originally published as Hervey Bay man pleads guilty to breaching domestic violence order