By Melissa Coleman
A young mother walked free from Stanthorpe court on Wednesday 26 October, after facing charges of contravening a domestic violence order.
The court heard the case was more complex than most in that domestic violence orders were in place against both parties.
The young mum had been charged with sending offending Facebook messages to her former partner on two separate occasions.
Messages had been sent both ways, with some provocation by the other party, the court heard.
The woman’s lawyer contended that a previous altercation had perhaps been more serious than those which landed her client in court.
The lawyer said they were unaware of any proceedings against her former partner, despite her client providing a statement to police.
The court heard that the women was charged on 30 November last year for contravening a domestic violence order earlier the week before, and then again on 5 January this year.
The police prosecutor read out the ‘nasty messages’ the woman had sent on both occasions via Facebook.
The young mother pleaded guilty to both counts.
Magistrate Burgess acknowledged that the first charge was laid after the woman tragically lost a family member, and the second, the day before the funeral when the father’s family had been blaming the mother for the death.
She told the women that breaching a domestic violence order was never a good idea.
“Clearly, on the information that has been provided to me, the context here is relevant, there’s absolutely no doubt in my mind that the offences were linked with what happened to your family member and the severe emotional distress after.
“These offences were purely committed in the context of an emotionally distressing period of time for you.“
“In all the circumstances, I do not believe that any punishment should be suffered by you.“
“I doubt that you will commit these sorts of offences again, they are purely linked to emotional distress. I’m going to release you absolutely,“ Magistrate Burgess said.
