Case note: DVO breaches and a drug possession charge

The charges

Two counts of contravening a domestic violence order, and one count of possessing a dangerous drug under the Drugs Misuse Act 1986 (Qld). The drug in question was an anabolic steroid.

The client was subject to a protection order in favour of a former partner with whom he shared a child. He also held a blue card, and any recorded conviction would have affected his current and future employment.

The background

The breaches occurred after an altercation arising from the client being prevented from seeing his child.

That is not a defence. A person cannot breach a protection order because the other party has withheld a child. It can, however, be relevant background at sentence in explaining how the contravention came about.

During the police investigation, steroid use was raised and the drug charge followed.

What was done

The evidence on the contraventions was clear, so the work went into the surrounding circumstances. The client was advised to commence mediation about custody and time with the child, alongside other steps.

That served two purposes. It demonstrated to the court that he was treating the matter seriously, and it addressed the underlying cause, reducing the likelihood of further breaches.

The drug charge proceeded by case conference with police prosecutions, across several rounds of discussion.

The result

The client was fined a total of $900 for the two contraventions, with no conviction recorded. The drug possession charge was discontinued.

Contravening a protection order is a serious offence and courts frequently impose more than a fine, particularly where there is a history of breaches or any violence involved. Every matter turns on its own facts, and this note is not a guide to any other outcome.