A magistrate told a woman the law is gender neutral and "no means no" when she gave the woman a custodial sentence for contravening an Apprehended Domestic Violence Order.
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The 39-year-old Orange woman had contacted one her children three times by phone, letter and calling out to them on the street, despite being subject to a non-contact ADVO.
The order was established after all but one of the woman's children, who is an adult, was removed from her care last year following an incident involving illicit drugs. The woman is not named to protect and conceal the identity of the victim.
According to police, a relative phoned the house where the child was staying on October 7, 2020. However, a witness saw the child's shocked reaction so they took the phone and discovered the child's mother speaking at the other end of the line.
The mother was caught breaching the ADVO again on February 24, 2021, when a letter from her addressed to the child was found in the letterbox. The letter invited the child to contact the mother.
On April 6, 2021, the woman was sitting outside Woolworths in Anson Street and the child walked past.
The child put their head down to avoid eye-contact but the mother breached the order by calling out, "you're allowed to look at me".
The child said, "stop" and looked down again.
However, the mother said, "this is f***ing bulls***," and the child walked away and later attended Orange Police Station to report the incident.
The mother appeared in Orange Local Court on Monday after she was refused bail for failing to appear in Orange Local Court on June 30.
The woman said she used to work as a nurse but stopped due to her addiction to methylamphetamine. She said her father introduced her to the drug when he came into her life a few years ago, before he died from drug toxicity in her home.
Magistrate Lisa Stapleton said the woman needed grief counselling but also needed to understand that "no means no, in any context" and the child appeared to be stressed by what happened.
"The law applies in a gender neutral way, contravene an AVO by men, contravene an AVO by women, is dealt with exactly the same, allowing for subjective circumstances that's the personal circumstances of the offender," she said.
Ms Stapleton gave the woman a 10-month community-based Intensive Correction Order with conditions she abstain from drugs and participate in rehabilitation and treatment.
Ms Stapleton also convicted the woman for failing to appear in court, and she applied the ICO to two breaches of Conditional Release Orders the woman had been given for possession of a prohibited drug and possessing a knife.
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