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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5789
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I have a minor first time dvo breach will I go to jail, I'm

Customer Question

I have a minor first time dvo breach will I go to jail
JA: What state are you in? It matters because laws vary by location.
Customer: I'm in Queensland
JA: Has anything been filed or reported?
Customer: It's been reported I have court next week
JA: Is this a criminal or civil case?
Customer: What do you mean
JA: What confuses you?
Customer: Criminal I think I hit the car
JA: In what state did this occur?
Customer: Queensland
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to no if I will go to jail
Submitted: 3 months ago.
Category: Australia Law
Expert:  Daniel replied 3 months ago.

Hello
What constituted the breach?
How long into the DVO did you breach it?
What were the circumstances?
In short, it is a serious matter regardless, but need to know the details.

Expert:  Daniel replied 3 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 3 months ago.

I have not received a response?
I wish to help you in this situation.

Customer: replied 2 months ago.
I think it's been a year into it I just want to no if I'm going to jail I'm in Queensland
Expert:  Daniel replied 2 months ago.
Hello, I need to know what you actually did to breach the order. What act? Did you attack then? Just speak with them? Etc I need to know first.
Customer: replied 2 months ago.
SECTION 177(2)(A) ACT [DFVPA2012] contravention of domestic violence
Expert:  Daniel replied 2 months ago.

Yes, but what did you actually do to breach the order?
Just make contact with her?
Attacked her?
What is the actual breach.
If easier I can speak on the phone.

Customer: replied 2 months ago.
I punch her in the arm I meant to hit the seat but I got her then I jumped out and she was driving towards me like she was going to run me over and I punched the bonnet of the car
Expert:  Daniel replied 2 months ago.

Hello
It is not a minor breach, it is a punch to the arm.
Clearly there is hostility between you both.
I would suggest however it is not that serious either. A jail sentence will not happen.
A bond, fine will be in order.

I wish to help you in this situation.

Customer: replied 2 months ago.
your saying that I won't go to jail I have already lined my self up to go to anger management and consoling
Expert:  Daniel replied 2 months ago.

Hello
No jail time.
Please go see someone for anger management however.

I mean to say it is not a minor breach, but it is certainly not at the higher end of objective seriousness either.

I wish to help you in this situation.

Please click accept / rate my service (WITH THE STARS). I am able to answer further questions after doing so at no further cost to you

Customer: replied 2 months ago.
I live in Queensland all the law have changed will I still be good
Expert:  Daniel replied 2 months ago.

Still be good, not an issue.

Relax.

At this point, I have answered the question.

Customer: replied 2 months ago.
Thank you for all your help
Expert:  Daniel replied 2 months ago.

all the best with it.

Customer: replied 2 months ago.
Thank you I'm so worried about going to jail
Expert:  Daniel replied 2 months ago.

all the best with it.

Customer: replied 2 months ago.
My kids where in the car when it all happened what does that mean
Expert:  Daniel replied 2 months ago.
It is agrivating but still does not warrant a custodial sentence.
Please click accept and rate my service (with the stars). I am able to answer further questions after doing so at no further cost
Expert:  Daniel replied 2 months ago.

I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 2 months ago.

I have not received a response?
I wish to help you in this situation.