Claiming he had nowhere else to live, a 42-year-old Gympie father breached his DV order by visiting his ex and sleeping under her house.

The father pleaded guilty before the Gympie Magistrates Court on Monday to three charges of contravention of a domestic violence order.

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After the order was made on January 27, 2021, the father decided to go to his ex’s house the very next day and sleep under the home.

Police prosecutor Melissa Campbell said police woke him up and he was placed under arrest.

“He had no reason for being there and simply stated he wasn't being aggressive and just wanted to go to sleep as he had nowhere else to go,” Sergeant Campbell said.

A few weeks later on February 13, the defendant left two recorded voicemail messages on his ex partner’s phone and also spoke with her at her house.

“He was taken to the watchhouse and everything was explained to him again,” Sgt Campbell said.

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After being released from the watchhouse, Sgt Campbell told the court the defendant was caught again at his ex’s house a week later.

“Police located the defendant laying on the stairs at the front of the dwelling,” she said.

“They spoke to the defendant who could not provide any lawful reason for being at the address and simply stated he was under the impression he was allowed to be there.”

Magistrate Kurt Fowler said the conditions were made clear to the defendant and yet he still failed to obey the court order.

“This is continuous, you’ve even been spoken to by police at the watchhouse and you still go back,” Mr Fowler said.

Mr Fowler released the man on 15 months probation and convictions were recorded.