Gym, phone, party: Gympie man breaks DVO 3 times in week
THREE "incidental” domestic violence order breaches in one week has cost a Gympie man $900 and resulted in him being hit with a full, five-year protection order.
After being served the DVO on December 5 last year, the 49-year-old man (who cannot be named for legal reasons) found himself in violation of it less than a day after when he went to the gym.
The police prosecutor told Gympie Magistrates Court that although he was required to stay 100m away from his wife, he nevertheless engaged with her in a five minute chat before leaving the site.
He breached the order again two days later when he was drinking with and texting friends when he "accidentally sent a photo of himself” to her.
At 4.10am the next morning he phoned her to say it was a mistake, the prosecutor said, before sending her two other text mssages.
He told police he "does not recall sending the messages”.
They were only written down as part of his therapy, which required him to type out his feelings.
The final breach came on December 13 at Christmas on Mary.
The court heard he was out looking at the festivities when he caught sight of his ex-wife and their daughter.
He continued past them, and later sent her a text message about the encounter.
Defense solicitor Elizabeth McAulay told Gympie Magistrates court her client only sent the text to "reassure his wife that he did not go there to seek her out”.
She told the court he has served in the military, has no previous record, and has been treated at Cooinda's mental health facility.
It was while he was there, Ms McAulay said, that his wife sent him an email to tell him she was leaving.
This news came only a day after his dad died.
Ms McAulay said the 49-year-old's breaches had been "incidental” and he had gone out of his way to change gyms after the first one.
Unfortunately, she said, the day after his wife "changed to the same gym”.
The man did not know if her decision to change was intentional, Ms McAulay said.
Magistrate Chris Callaghan accepted the man's guilty plea, but pointed out "you seem to be blaming things other than yourself for these breaches”.
"You kept speaking to her (at the gym) when you should not have.”
He did not record the conviction but issued a final protection order be put in place until February 10, 2024.