Geraldton court deals with consensual breaches ‘every day’ as domestic violence victims support perpetrators

A Geraldton magistrate says the courts are placed in difficult circumstances “every day” as domestic violence victims support their perpetrators and plead for bail and relaxed protective bail conditions. Magistrate Matthew Walton aired his concerns in the Geraldton Magistrates Court on Thursday, when a 36-year-old man appeared from custody for allegedly breaching protective bail conditions and breaching a violence restraining order. The complainant, who is the accused’s partner, sat in court to show her support for bail. Mr Walton said he was confronted “every day” with consensual breaches of protective bail conditions put in place in circumstances of family or domestic violence, and questioned whether releasing offenders from custody on request of the complainant was appropriate. He said he was regularly forced to consider the question of whether he should ignore victims or follow their wishes. “What is the court to do?” Mr Walton said. “There is a protected person in the back of court saying they don’t want him in custody . . . the same person who complained to police and got a restraining order. “This is not unique.” Shortly after that matter was dealt with, a 32-year-old appeared in court from police custody on a charge of breaching protective bail conditions. Again, the complainant — his partner — was in the back of the court supporting bail. Mr Walton said the court was becoming more aware of the pernicious effects of family and domestic violence on victims’ behaviours, but they should not be undermined or ignored. “What role does the protected person have in these proceedings,” he questioned. He said while a victim’s views were not determinative, they should be considered by the court in order to give them a voice. “This is what the protected person wants,” he said. “That does not overrule the court’s independent decision-making . . . but it must be taken into consideration.” Both men were granted bail, but conditions remained in place not to talk to or be in the company of the protected persons. 1800 RESPECT (1800 737 732)