Case Example of How Emails Can Breach a Apprehended Violence Order
The Accused and Victim are no longer in domestic relationship and have no reason to see each other. There are no claims for compensation recorded by the Victim.
Both parties were in a de facto domestic relationship for a period of around 3 years, alleged to be on and off within in this time. The Victim and the Accused resided together previously. The Victim attended the Police Station where a signed statement was completed by attending police from the Victim.
Due to the domestic violence incidents reported by the Victim, a Apprehended Provisional Apprehended Violence Order (APVO) was made on 8th January for the accused to appear at the Local Court at 9.30am on Friday 15th January, 2016
The conditions of the order state
1a.The defendant must not assault, molest, harass, threaten or otherwise interfere with the protected person(s) or a person with whom the protected person(s) has/have a domestic relationship.
1b.The defendant must not engage in any other conduct that intimidates the protected person(s) or a person with whom the protected person(s) has/have a domestic relationship.
1c.The defendant must not stalk the protected person(s) or a person with whom the protected person(s) has/have a domestic relationship.
- The defendant must not approach or contact the protected person(s) by any means whatsoever, except through the defendant’s legal representative.
The Victim alleges the following two breaches
Note- If you have a do not contact clause in your AVO , then it is a breach to contact a person by email or text:
The Accused is alleged to have sent the Victim from his email account ‘@gmail.com to the Victims email account ‘@gmail.com with the subject ”Good on ya SWEETHEART!”
The email said ” I just got a visit from the police! Can’t believe you are doing this and what for? Apprehended violence order? You got to be kidding? This email was time stamped on the Victims mobile phone.
The Victim accessed on her mobile phone a second email from her personal email account at @gmail.com from the Accused email email@example.com with the subject ”Oh well”. The email stated ”Just easier to blame everything on me! Good luck ……..!
With everything! I’d say I love ya… But not after doing that”
The Victim called Police at Greenwood Police Station about 6.00pm on 2016. The Victim was informed that the Accused was served with the Apprehended Violence Order. Police Station and signed an independent statement fearing the Accused.
Police obtained 2 snapshots of the sent emails on the Victims mobile phone from the Accused email address. Police asked the Victim how she knew the email address belonged to the Accused. The Victim believed the email was sent from the Accused’s mobile phone, not a computer.
About 3:30pm, Sunday the Accused attended the Police Station after hearing police wish to speak with him.
Arresting police introduced themselves and arrested the Accused before cautioning him and explaining the allegations made against him by the Victim.
Police conveyed the Accused to the Police Station where he was introduced to the Custody Manager and had his rights and obligations explained to him under Part 9 of Law Enforcement (Powers and Responsibilities) Act 2002.
The Accused was participated in electronically recorded interview where he was co-operative with police and answered all questions put to him. The Accused denies ever assaulting the Victim during their time in a domestic relationship.
The Accused explained to police the regular arguments between himself and the victim were about an ex spouse of the Accused contacting him.
The Accused does not recall specific dates due to the time since the incident and regularly smoking marijuana with the Victim every night since August 2015. The pair would consume approximately one to two grammes per night at their residence in ……………..
The Accused threw a shoe at the Victim to stop her injuring herself further as this was first time the Victim had done this in front of the Accused. The Accused was panicked as his ex spouse, not the Victim, attempted to commit suicide once before whilst pregnant through overdosing on medication and this has mentally affected the Accused ever since as he was the one who found her and contacted emergency services.
Regarding the service of the Apprehended Violence Orders, The Accused remembers receiving them but not the specific times and dates. The Accused stated the first order was served on him but the conditions not explained.
As a result, the Accused sent two emails to the Victim matching the Victim’s statement. The two emails were not abusive, menacing or intimidating and were sent at 4:05pm and 4:10pm 14 January 2016. This is approximately twenty minutes after the service of the Provisional Apprehended Violence Order. The Accused sent the emails as he was upset and frustrated with the situation.
Since this time, an Interim Apprehended Violence Order was granted and served on the Accused at 2:30pm where attending police explained the conditions of order to the Accused. There have been no reported breaches since 14 January 2016.
The Accused is now before the court.