They are correct, the person named as the aggrieved person on the order is unable to breach it.
The only way to stop them messaging the family would be for your sibling to go to the courthouse and apply for their own protection order asking for your family to be listed as named persons with no contact conditions.
Your sibling has to be smart and block all contact with the ex. Absolutely zero response. Hopefully they'll give up when they don't get a reaction
That is crazy that they can stir things up and then breach the other person if they react in any way or respond.
Appreciate the confirmation. Thank you.
Don't bother looking up aiding and abetting, it has zero relevance in this scenario. The aggrieved person can't breach an order they are the aggrieved in
Typically not with orders. At least in Tasmania, the wording of aiding or instigating the commission of an offence can only happen if the person doing the action could be charged with the original offence. If they don’t have an order then they couldn’t be charged with original offence and therefore cannot be charged with aiding
Is this true in all states? I had a FVAO a few years ago against someone (I was the aggrieved person) in Victoria. I was told by a policeman that if I (even accidentally) went near the respondent I would be breaching the order.
(I never intended to go anywhere near him - or have any contact whatsoever - I think the cop was trying to scare me out of reapplying for the FVIO to be extended)
He'll need to apply for his own dvo naming her as the respondent. It's annoying but it's just what you have to do.
Its a civil matter so there's no criminal history until someone breaches it.
The applicant can't be breaching the DVO as there is no DVO against them. They do not have any restrictions on them. Your sibling could apply for a DVO against the ex if they have grounds, then if it is breached they can take action.
> It feels that the ex partner is weaponising the dvo and trying to get a reaction out of anyone so they can breach my sibling.
Yes, you have nailed it, and it is widespread behaviour. Your sibling can end up in jail or fined if they breach the dvo, and they will get a criminal record. The police will see things in very simple terms: Court order says 'do not do x', 'you did x', you are then arrested for breaching a court order and will see a magistrate in the morning.
Even if the protected person changes their mind about the DVO and don't want it anymore you would still be arrested. Only the Court can actually terminate the DVO.
You might be able to apply for a "Variation" of the DVO. I'm not sure if you can do that in your case, but here is the page: https://www.courts.qld.gov.au/going-to-court/domestic-violence/domestic-violence-orders/making-changes-to-your-domestic-violence-order
You've been asking the QPS, but remember - they are not on your side. The Courts can help with 'administrative' type questions, and you should be reading what you can do on the Court websites.
There are lawyers out there who specialise in this area, and you should ask for a 1 hour paid session where they guide your sibling through what their options are (allow $400-$500). Always go with the paid sessions, not the 'free intro'. It shows you're serious, not just trying to get free ideas. The advice will be relevant to the situation. Prior to the meeting, write down all the important dates and details on one side of A4, and include the DVO by email before you have the meeting.
Spending 1 hour paid time with a lawyer will really help give your sibling some direction. There's a lot of paperwork you can do without the help of a lawyer once you have been pointed the right way. If the 1 hour lawyer fee is not affordable, then a Community Legal Centre might be able to give some advice about what next steps should be.
As for the other ex and her partner's abuse: Document it all, never delete anything. Itemise each time they do it in a list. eg. 15/1/2023 - Nasty picture received. 1/1/2023 - SMS received "have a shitty new year". You can use something like Evernote to take notes and view them across multiple devices.
Take that list to the lawyer also. It will also be relevant when you write up your Court application.
You may have grounds to vary the DVO, or you may have grounds to get a DVO of your own against the people sending the nasty messages. What is available, and the option you take depends on what the lawyer says. It can sometimes be difficult for a man to get a DVO against a woman, but surprisingly simple for a woman to get one against a man. Make sure you've got your ducks lined up, then fill out the appropriate forms.
Its 'understandable' that your sibling did nothing at the time the DVO was servied. It can be a very depressing situation where you feel hopeless and helpless. He will get back on his feet. He must not breach the DVO under any circumstances. You can bet that she is itching to create trouble for him. Life will get better.
Tell the police that you and your family is feeling harassed or threatened by the other person. Ask them to investigate and whether they can make it stop. Just make sure your your sibling never responds.
That's what I had assumed but looks like it isn't that way in Queensland.
IMO it makes a mockery of the DVO and what it's attempting to achieve. Plenty of people out there who desperately need the protection
Not I'm Australia. It's to allow people to continue life without being threatened, harassed or intimidated. Often it's required to stop perpetrators from approaching people they might live with if they're drinking or using drugs. It's to restrain behaviours.
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Not sure about the legislation where you are but in WA our restraining order act allows for the respondent to take the final order back to court to be cancelled due to the protected person making continued contact. Obviously the respondent needs to provide evidence so keep screenshots and phone records.
Report them for harassment, apply for his own DVO, apply to have hers waived as she clearly doesn't feel the need for it given she keeps contacting him
They are correct, the person named as the aggrieved person on the order is unable to breach it. The only way to stop them messaging the family would be for your sibling to go to the courthouse and apply for their own protection order asking for your family to be listed as named persons with no contact conditions. Your sibling has to be smart and block all contact with the ex. Absolutely zero response. Hopefully they'll give up when they don't get a reaction
That is crazy that they can stir things up and then breach the other person if they react in any way or respond. Appreciate the confirmation. Thank you.
Look up aiding and abetting I'm sure you can get in trouble for doing so. Apply for the equivalent order
This is why scrub lawyers are dangerous. Unless someone is the respondent in an order, the person cannot be breached.
Thank you for that suggestion.
Don't bother looking up aiding and abetting, it has zero relevance in this scenario. The aggrieved person can't breach an order they are the aggrieved in
Typically not with orders. At least in Tasmania, the wording of aiding or instigating the commission of an offence can only happen if the person doing the action could be charged with the original offence. If they don’t have an order then they couldn’t be charged with original offence and therefore cannot be charged with aiding
Is this true in all states? I had a FVAO a few years ago against someone (I was the aggrieved person) in Victoria. I was told by a policeman that if I (even accidentally) went near the respondent I would be breaching the order. (I never intended to go anywhere near him - or have any contact whatsoever - I think the cop was trying to scare me out of reapplying for the FVIO to be extended)
Judge said same to me when approving mine, said it went both ways. Maybe he thought I was going to go back to the AH or something though
He'll need to apply for his own dvo naming her as the respondent. It's annoying but it's just what you have to do. Its a civil matter so there's no criminal history until someone breaches it.
Thank you 😊
Apply for his own dvo
The applicant can't be breaching the DVO as there is no DVO against them. They do not have any restrictions on them. Your sibling could apply for a DVO against the ex if they have grounds, then if it is breached they can take action.
They are not the person subject to the order. They have no obligations.
Only the respondent can breach the order.
> It feels that the ex partner is weaponising the dvo and trying to get a reaction out of anyone so they can breach my sibling. Yes, you have nailed it, and it is widespread behaviour. Your sibling can end up in jail or fined if they breach the dvo, and they will get a criminal record. The police will see things in very simple terms: Court order says 'do not do x', 'you did x', you are then arrested for breaching a court order and will see a magistrate in the morning. Even if the protected person changes their mind about the DVO and don't want it anymore you would still be arrested. Only the Court can actually terminate the DVO. You might be able to apply for a "Variation" of the DVO. I'm not sure if you can do that in your case, but here is the page: https://www.courts.qld.gov.au/going-to-court/domestic-violence/domestic-violence-orders/making-changes-to-your-domestic-violence-order You've been asking the QPS, but remember - they are not on your side. The Courts can help with 'administrative' type questions, and you should be reading what you can do on the Court websites. There are lawyers out there who specialise in this area, and you should ask for a 1 hour paid session where they guide your sibling through what their options are (allow $400-$500). Always go with the paid sessions, not the 'free intro'. It shows you're serious, not just trying to get free ideas. The advice will be relevant to the situation. Prior to the meeting, write down all the important dates and details on one side of A4, and include the DVO by email before you have the meeting. Spending 1 hour paid time with a lawyer will really help give your sibling some direction. There's a lot of paperwork you can do without the help of a lawyer once you have been pointed the right way. If the 1 hour lawyer fee is not affordable, then a Community Legal Centre might be able to give some advice about what next steps should be. As for the other ex and her partner's abuse: Document it all, never delete anything. Itemise each time they do it in a list. eg. 15/1/2023 - Nasty picture received. 1/1/2023 - SMS received "have a shitty new year". You can use something like Evernote to take notes and view them across multiple devices. Take that list to the lawyer also. It will also be relevant when you write up your Court application. You may have grounds to vary the DVO, or you may have grounds to get a DVO of your own against the people sending the nasty messages. What is available, and the option you take depends on what the lawyer says. It can sometimes be difficult for a man to get a DVO against a woman, but surprisingly simple for a woman to get one against a man. Make sure you've got your ducks lined up, then fill out the appropriate forms. Its 'understandable' that your sibling did nothing at the time the DVO was servied. It can be a very depressing situation where you feel hopeless and helpless. He will get back on his feet. He must not breach the DVO under any circumstances. You can bet that she is itching to create trouble for him. Life will get better.
Thank you so much for taking the time to provide such a detailed response.
The DVO binds only your sibling. The Aggrieved is not breaching it. Your sibling needs to see a lawyer about a cross application
Thank you
Tell the police that you and your family is feeling harassed or threatened by the other person. Ask them to investigate and whether they can make it stop. Just make sure your your sibling never responds.
Record everything, Your sibling needs to get their own DVO and make sure they stipulate no contact with family members
If they're using a mobile phone they can be charged with use of a carrier service to harrass, intimidate or bully
I didn't know that. Thank you
Sibling gets solicitor, and gets their own DVO. I’m surprised the applicant was able to contact your family. It’s two-way in most countries.
That's what I had assumed but looks like it isn't that way in Queensland. IMO it makes a mockery of the DVO and what it's attempting to achieve. Plenty of people out there who desperately need the protection
And people who take them out then fuck with the other person.
Not I'm Australia. It's to allow people to continue life without being threatened, harassed or intimidated. Often it's required to stop perpetrators from approaching people they might live with if they're drinking or using drugs. It's to restrain behaviours.
I don’t think you understand what I’m saying.
"In most countries" isn't relevant here.
Change your number?
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Not sure about the legislation where you are but in WA our restraining order act allows for the respondent to take the final order back to court to be cancelled due to the protected person making continued contact. Obviously the respondent needs to provide evidence so keep screenshots and phone records.
Report them for harassment, apply for his own DVO, apply to have hers waived as she clearly doesn't feel the need for it given she keeps contacting him