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Text breach on VRO

Printed From: AussieLegal
Category: Criminal Law, Traffic Matters
Forum Name: Assault, DUI, Drugs, Fraud, AVOs, Traffic Fines
Forum Discription:
Printed Date: 17/December/2018 at 04:05

Topic: Text breach on VRO
Posted By: Crabbit
Subject: Text breach on VRO
Date Posted: 10/June/2012 at 00:26

My husband (Respondent) texted me 2 hours after his interim VRO was served on him. I reported this to police the next day (11th May)

The police seem to be taking time to charge him, they didn't arrest him in the first instance but went to his work to ask him about it.

Then after that, they received information from Optus to prove it was indeed his number then came to see me and took pics of the text.

Husband refused to give police his address when they were at his work and they didn't want to arrest him/charge him at work so they phoned him and arranged a date (3 weeks later) for him to go in voluntarily to talk about it and the officer told me on that day that he would be charged when he went it.

He went in and now he's pulling a line saying I had rigged my phone to show a time later than when he texted and that when he texted he hadn't yet been served the VRO. Police officer told me he was very cocky about it.

Police will now have to get Optus records to prove he texted when he wasn't allowed to.

I hope when the police get the info from Optus and charge him he will be done with wasting police time too.

What is the charge likely to be with this?

Posted By: MartinO
Date Posted: 10/June/2012 at 01:14
Who knows, but I guess he's packing it, and if the net effect is that from now on he leaves you alone, it will be a good outcome for you.

Could I suggest that you put this behind you, because if you end up pushing his buttons it may well end up being you who suffers from all this. Forget about him and just get on with your life.

I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

Posted By: Ponala
Date Posted: 10/June/2012 at 12:09
The charge would be "Breach Interim Order" or the applicable wording in your state.

The records from Optus will prove that his phone texted you, it won't prove he did it.

Posted By: goliath
Date Posted: 10/June/2012 at 13:00
There isnt a way in this world to prove that he actually sent the text, however if the police pull evidence from optus confirming it was his number and the correct time he wont be getting out of it, wont matter if he says "his friends had his phone" or anything similar

Posted By: Crabbit
Date Posted: 10/June/2012 at 13:49
He admitted sending the text when interviewed but then lied and said that he sent it before he was served.

MartinO you are dead right and I should move on and up and forget about him, I just want him to be accountable for his actions. Easy to say move on but it's a long road!

Very handy to have this forum just to ask questions and get some advice.

I need to stop giving him head space and leave the police to it rather than starting my own personal vendetta!

Posted By: MartinO
Date Posted: 10/June/2012 at 17:45
Yes you are right, good luck, things can only getter better.

I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

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