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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5357
Experience:  Dip Law LPAB - Sydney based lawyer
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I have been charged with breaching an MRO by sending texts

Customer Question

Hi. I have been charged with breaching an MRO by sending texts to an ex. I have to face court next fortnight.However, the MRO expired 2 days ago, and he hasn't renewed it.Does that mean charges are dropped?I gave a feeling it was his new girlfriend that saw the text and reported me to the Police.If he hated me do much I would've thought he would've extended the order? I am confused.
Submitted: 3 months ago.
Category: Australia Law
Expert:  Patrick H. replied 3 months ago.

Hello and thank you for your question.

If you breached the MRO during its term it is an offence and the mere fact the MRO has not been renewed and is no longer current does not change the fact that you appear to have committed an offence. Moreover, even if your ex is no longer concerned the decision whether to charge you is one for the police, not your ex to decide.

So in short the charges have not been dropped.

I appreciate this is not the answer you were likely hoping for, but it does reflect the reality of your situation.

Good luck and please rate my answer.



Customer: replied 3 months ago.
OK. It just seems odd he would not extend if it was him that was concerned about me?Can the fact he hasn't renewed be used as a mitigating factor?
Customer: replied 3 months ago.
Also - if I apply for jobs, do pending charges still come up on my crinsl record check, or is it only if convicted?Does the fact I am on bail come up when I travel etc also (I need to go to Sydney for work. There are no travel restrictions on my bail).
Expert:  Patrick H. replied 3 months ago.
The fact your ex has not renewed the MRO might be seen as a sign that the your matter is not as serious as some other cases, but it is likely to only be a fairly minor consideration. More relevant will be whether or not you have a reasonable explanation for breaching the order. If you just did so willfully and without any provocation, or compelling reason, then the court will likely look dimly on the matter.A charge alone should not appear on a criminal record check, but if you are convicted, it will.Breaching an MRO is not a trivial matter and I would recommend you get legal representation.Please rate my answer.Patrick
Customer: replied 3 months ago.
OK. I was just upset & scared at the time. I am not sure what to do because if I plead not guilty I will have to go to trial, I don't want that.If I plead guilty, I get a record. I have never had a criminal record.If it goes to trial, will I be remanded in custody to trial or will bail be extended?
Expert:  Patrick H. replied 3 months ago.

Yes, you will have a record if you plead guilty or if you are convicted.

No, you almost certainly won't be remanded in custody, but nevertheless, I do recommend you engage a lawyer. A lawyer may be able to get you off on a section 10 if it is a first offence, which would mean that although you were technically found guilty of the offence, no conviction is to be recorded.

In the meantime I note you have not rated my answer.

Please do so now.

Thank you.