QLD Breach of Protection Order - Preventing Partner from Going to Jail?

[Lucie miller]

Hi.

My partner and I have been having some issues and both suffer mental health illness. He has a court protection order against him but we are allowed to still live together.

Last Saturday night we got into a fight and my partner grabbed my shoulders and I fell over. I called the police - I overreacted - I just wanted help - and they arrested him although I did not want this.

He is technically on bail and has to go to court in May about breaching the protection order. He has already shown remorse and is going to counselling and his doctor to get help. I do not want him to go to jail. Is there anything we can do to stop him getting jail time?

This is the first breach and he has no other criminal history

 

[Lance]

Hi Lucie,

I believe this is out of your hands. My understanding is while you are the aggrieved the order is issued by the court and the police having been called in have charged your partner for the breach of the court order.

The QLD courts website says it can be up to 3 years in jail. If you can get your partner legal representation. His lawyer may be able to get you to speak before the Magistrate to explain your over reaction. If it was an over reaction, I'm just concerned that maybe you were in fear for your safety and that why you called the police. Its just that he court usually make sure there are grounds to put a DVO in place.

 

[Lucie miller]

Ok thank you. I'm sending a form to vary the order but I doubt it will help. My partner has depression and bi polar and is suicidal. He says he hates himself for what he has done and has attempted suicide 4 times already in the last week