Father guilty after taking son to hospital

[Brent]

The insanity of restraining orders........

Father guilty after taking son to hospital
Northern Territory News - Tuesday, 2nd September 2003
By Rajiv Maharaj

http://news.com.au/common/story_page/0,4057,7138499%5E13569,00.html

A Territory father has been convicted for breaching a domestic violence order after he took his son to hospital at his former wife's request.

Matthew John McDonagh responded to his former spouse, Danielle Loretta Day, when she called him and said their young son had fallen from his bike and needed help.

He drove the boy and Ms Day to Royal Darwin Hospital. He did so again some weeks later for a follow-up appointment with a specialist.

But because a domestic violence order was still in force against Mr McDonagh, he was not supposed to go within 100m of Ms Day.

Police arrested Mr McDonagh and jailed him for three days for the "technical breach".

He was fined $250 and convicted.

But Mr McDonagh appealed against the sentence in the NT Supreme Court, and had the fine lifted but the conviction was upheld.

Mr McDonagh, who appeared for himself, told Justice Trevor Riley that he should not have been convicted or fined because he was acting in the best interests of the child.

He said at no time during the breaches was there any danger, or threat of danger.

He told the judge that a conviction under the domestic violence legislation would be a serious blemish on his record and affect job prospects.

But Justice Riley told Mr McDonagh, who had previous convictions for other matters, that it was "appropriate" a conviction be recorded.

Northern Territory News
 

[StPaulieGirl]

The ex wife voided the restraining order by contacting her ex husband.  That's how it works in the US.  

I wonder how many of those "previous convictions" were legit?

[Brent]

>The ex wife voided the restraining order by contacting her ex
>husband.  That's how it works in the US.  

I'd be surprised if it wasn't the same way in Australia, but I don't know for sure.

[Indigo Mom]

She calls the father to bring the child to the hospital..and she GOES with them....how the heck do the police know he's there with her?  hmmmmm?

Can we say....SET UP?????  

[wendl]

Thats just horrible, you take your kid to the hospital and the specialist and you get fined and convicted, what the hell was he suppose to do, say I'm sorry I can't go be there for my child.

Just pisses me off.