As we approach the last days of the latest season of MAFS this weekend, one breakup has crossed the reality TV world and landed in the courts. Attwood Marshall Lawyers Family Law Associate Breanna Farrell looks at the feud between Jacqui Burfoot and Ryan Donnelly, and breaks down how social media posts can be considered harassment and proof for applying for a DVO or an AVO.
Of the multitude headlines that stem from the drama and chaos of reality TV show Married at First Sight (MAFS), the latest controversy has moved from social media spats to legal action.
Launceston Magistrates Court in Tasmania has granted bride Jacqui Burfoot an interim restraining order against her on-screen husband Ryan Donnelly, stopping him from making online comments about her. The move follows Burfoot’s (some would say spectacular) rejection of Donnelly last week during final vows.
Donnelly responded by applying for an apprehended domestic violence order (ADVO) of his own, which is reportedly due for mention at Campbelltown Courthouse, NSW, on April 23.
In her application, Burfoot argued that Donnelly’s behaviour towards her had escalated above the usual tit-for-tat taunts (which are often a hallmark of broken up couples from the show). Burfoot cited several of Donnelly’s social media posts and comments he made about her during recent media interviews.
The Tasmanian magistrate was satisfied that Donnelly’s actions caused hurt or damage, given that the allegation that he was negatively posting about her on a social media platform denigrated her character and called her names. In this circumstance, a temporary restraining order was granted to restrain Donnelly from engaging in further conduct immediately.
As we approach the last days of this MAFS season, a show that is well-known for focusing more on the tensions and tantrums of contestant couples rather than those who work well together, the fact the infighting has moved to the courtroom gives us an opportunity to look at how social media can play a key role in domestic violence cases generally.
Legal teams regularly turn to social media platforms for evidence, and family law trials can be greatly assisted (or doomed, depending on which side you are on) by posts that show misbehaviour, illegal activity or general ‘social media blasting’ involving screenshots from friends of friends.
It has never been more important to really think before you share and post your personal frustrations, thoughts, and feelings to your social media accounts.
Whether you think you are simply sharing “your truth” or “your experience of a narcissist,” social media is a platform for the world to see. This includes parents, teachers, employers, friends and the like. Your profile is not as private as you think it is, especially in a world of sleeper accounts and fake profiles.
Consider how a magistrate would interpret your comments, thoughts and writings read out loud in a courtroom. Are you truly helping a friend by screenshotting someone else’s profile giving them a heads up on what their ex has been up to?
Are you contributing your truth to the world or are you committing an act of domestic and family violence? Social media is not your personal diary, and there are REAL people behind the perfectly curated and filtered profile picture.
The law
There is a marked difference between Tasmania, New South Wales, and Queensland domestic and family violence legislation. It is important to remember that it does not matter which state you are in, each state will recognise a current interstate order. For example, if you have a current NSW ADVO (provided it was made after 25 November 2017), it will be recognised as a valid and enforceable order in all other Australian States and Territories.
Tasmania
In Tasmania, Family Violence Orders and Restraint Orders are designed to stop threats, property damage, violence, intimidating behaviour, and emotional abuse in the future. They tell the Respondent to stay away from you and/or to stop behaving in certain ways towards you.
- A Family Violence Order is against a person you are in a family or domestic relationship with;
- A Restraint Order is against a person you are not in a family or domestic relationship with;
- A Police Family Violence Order can be issued by an authorised police officer.
In Tasmania, a restraint order is a court order that tells someone they will be charged if they do certain things. It acts as a strong warning to stop someone doing something that is harmful to another person. Restraint orders act similarly to family violence orders (FVOs). The key difference is that FVOs can only be made for someone against another person if they are married, divorced, in a de facto relationship or separated from them. Restraint orders can be made against any family members, neighbours, or others.
New South Wales
In New South Wales the Crimes (Domestic and Personal Violence) Act 2007 (NSW) is the legislation that allows the courts to make orders protecting people from domestic or family violence. Domestic and Family Violence is described as any behaviour that is threatening, coercive or controlling and causes a person to live in fear.
There are two types of Protection Orders:
- An Apprehended Domestic Violence Order (ADVO), where the people involved are in a domestic relationship. A domestic relationship means the people involved are related, living together in the same household, in a current or former intimate relationship, in a dependent care arrangement including foster carers, carers for a person with a disability or disability support workers, or people living in the same residential facility. In the case of an Aboriginal or Torres Strait Islander person, ADVOs can be made where the people involved are part of the kin or extended family of the other person according to cultural kinship systems.
- An Apprehended Personal Violence Order (APVO), where the people involved are not related and do not have a domestic relationship, for example co-workers or neighbours.
Queensland
In Queensland domestic violence is considered to be behaviour, or a pattern of behaviour that can be characterised as:
- physically or sexually abusive; or
- emotionally or psychologically abusive; or
- economically abusive; or
- threatening;
- coercive; or
- in any other way controlling or dominating to a point it causes fear to a person’s safety or wellbeing or that of someone else.
Examples of this behaviour includes:
- Causing and/or threatening to cause physical injury to the victim, their pets, children, or other family members to cause fear.
- Unauthorised surveillance and stalking of a person, which includes gaining access to social media accounts, emails, messenger accounts, and text messages without permission, utilising a tracking device to track a person’s movements, and checking recorded history in a person’s GPS device.
- Denigrating, emotionally abusing, and verbally abusing another person such as swearing, repeated derogatory or racial taunts.
Domestic violence can also be if the person has asked a friend or family member to engage in any of the above behaviours on their behalf.
Consider for a moment, your friend’s ex has blocked them from seeing their social media page but has not blocked you. Your blocked friend asks you for a simple favour, “Hey can you check my ex’s profile really quick and send me screenshots of their stories.”
This could constitute as a domestic violence offence.
In Queensland, to apply for a protection order there must be a “relevant relationship” nexus between you and the person you need protection from. There is no age requirement for these types of orders, so children can in certain circumstances be either an aggrieved or named respondent.
In Queensland, you can only seek a domestic and family violence protection order against someone who you are in an intimate personal relationship (such as dating, or couple or engagement relationship), or a family relationship (blood, marriage or cultural family tie), or an informal care relationship (for example an aged care dynamic, NDIS support worker or other type of designated carer).
What you must substantiate to get a DVO or AVO
Depending on the nature of the allegations and whether there are substantive reasons in support, the court has the power to grant a Temporary Protection Order (TPO), until matters can be fully ventilated and finalised before the court.
A court can only make a TPO when it is satisfied that a relevant relationship exists and on the balance of probabilities the respondent has committed domestic violence against the aggrieved.
For a Final Order to be in place, the court must be able to be satisfied that:
- A relevant relationship exists; and
- The respondent has committed an act of domestic and family violence; and
- The protection order is necessary and desirable to protect the aggrieved from domestic violence.
It is important to remember that the court need be only satisfied of one act of domestic violence occurred and it remains necessary and desirable to protect the aggrieved.
Text messages containing derogatory name calling, or one story on social media telling the world what you think of a person and their behaviour can certainly be enough for it to be construed as an act of domestic violence.
Attwood Marshall Lawyers – helping families negotiate effectively to reduce conflict
If you are experiencing domestic and family violence or if you have been served with a Protection Order Application, please don’t hesitate to get in touch with our Family Law Department Manager, Donna Tolley, on direct line 07 5506 8241 or email dtolley@attwoodmarshall.com.au to discuss your circumstances.
Our team are available at any of our conveniently located offices at Robina Town Centre, Coolangatta, Southport, Kingscliff, Brisbane, Sydney, and Melbourne.
If you are in immediate danger, please call 000. The police can immediately attend to you and issue paperwork on the spot to protect you from the perpetrator, including issuing a temporary protection order if necessary.
If you or someone you know needs support, help is available. Here are some trusted support services:
- 1800RESPECT (1800 737 732): confidential information, counselling, and support service.
- DV Connect (1800 811 811): a state-wide hotline offering free, professional assistance such as counselling, intervention, transport and emergency accommodation.
- DV Connect Mensline (1800 600 636)
- No to Violence Men’s referral service (1300 766 491)
- Lifeline (13 11 14) for crisis support
- Be There app, a bystander empowerment tool which provides information and resources.
