Victim too scared to report partner’s DV order breaches
A ROCKHAMPTON man was released from the watchhouse in October after being slapped with a domestic violence order where he was to have no contact with his partner.
He went straight to the home he shared with her.
The man, 40, was back in watch house custody when he appeared in Rockhampton Magistrates Court on January 21.
He pleaded guilty to two breaches of a domestic violence order.
Police prosecutor Senior Constable Peter Rumford said when the defendant was released from custody mid October, he went straight back to the Koongal residence.
He said his partner told police she did not report him for breaching the domestic violence order out of fear that he would just be back the next day.
Snr Constable Rumford said the defendant later threatened to take their child if she reported him to police.
He said on January 15 at 10.25am, the defendant attended an appointment with probation and parole, in the company of his child who was also named in the domestic violence order as someone he was not to have contact with.
Snr Constable Rumford said when questioned if he had written permission to have the child with him, the defendant said he wasn't aware there were domestic violence order conditions naming the child.
He said police were called to the residence late that afternoon, finding the defendant fighting a neighbour in the street.
The court heard the victim had taken off with the child earlier in the day because the defendant was in a bad mood. When she returned, they argued.
A neighbour attended after hearing the argument.
The defendant struck the neighbour several times in the head with the neighbour picking up a fence paling to strike at the defendant in defence.
Snr Constable Rumford said the defendant told police he was there to pick up a washing machine when the neighbour randomly attacked him.
He said when questioned about who was driving, as the defendant did not have a drivers licence, the defendant told them the neighbour he had just been fighting with was helping him.
The court heard the defendant had a 10-page criminal record.
Defence lawyer Jack Blackburn said his client told him the "toxic" relationship was over, saying the victim consumed illegal drugs which caused them trouble.
Magistrate Jeff Clarke said the defendant's instructions to his solicitor showed non-acceptance of his own behaviour.
He said this case was a very serious example of breaching a court ordered designed to protect a partner and young child.
Mr Clarke ordered the defendant to 12 months prison, declared one day presentence custody, and ordered the defendant be eligible for parole on April 12, 2020. Convictions were recorded.