Case: US: Public Policy of complaint to police

Case: US: Public Policy of complaint to police

In the recent case of Rayburn v Wady Industries,Vicki Rayburn worked with John Miller at Wady Industries.

Vicki and John commenced a relationship, split up due to this drinking, got back together until one night when he had too much to drink and assaulted her. Vicki then obtained a protection order, which included a no contact clause.

The only problem was that both Vicki and John still worked at the same plant for Wady Industries. Wady Industries tried to split the two up by tarping off their work sections, but according to Vicki, John kept harassing her at work and elsewhere.

The police came out to the factory two or three times to deal with Vicki’s complaints. Wady Industries then sacked Vicki.

Vicki sued. Did she have any rights to complain to police while at work?

The US District Court held that she did. It said that there was a clear public policy contained in the Iowa statute for no contact orders to be made. The court then went on to say:

The prtections provided by a no-contact order are meaningless, however, if they cannot be enforced; a victim must be allowed to inform law enforcement that the order has been violated. Therefore, the Court concludes that public policy not only favours the issuance of no-contact orders to protect victims of domestic violence, it favours the violation of a no-contact order.

The court then held that Rayburn was within her rights to have reported a breach of the no-contact order occuring at work, whilst she was at work.

This is an American case and is not binding in Australia by any means, but when one looks at the fundamental principles, the court got it right. Everyone has a fundamental right to safety from others, and should be able to complain to police without losing their job.

This is aside from the other issue of whether the employer and management would have committed a criminal offence. It would have been very difficult for Wady to have two employees working near each other, the subject of a no-contact clause. What this case illustrates, however, is the human approach- Wady, on believing that Rayburn was a “disruptive” influence, sacked her, and it would appear took no action against Miller.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Harmful proceedings orders

A change that was made to the Family Law Act 1975 in 2024 was to allow the Federal Circuit and Family Court of Australia and the Family Court of Western Australia to make a harmful proceedings order. This is to stop the never ending cycle of abusive court proceedings, which often stretch on for a decade, and… Read More »Harmful proceedings orders

Practical Family Law Drafting: Stephen Page’s Legalwise Intensive Paper

Stephen Page, Director at Page Provan Family and Fertility Lawyers, presented at the Legalwise Practical Family Law Drafting Intensive on 25 February 2026, delivering expert guidance on drafting interim property and maintenance applications. As Australia’s leading surrogacy lawyer and an Accredited Family Law Specialist since 1996, Stephen brings decades of frontline experience to family law… Read More »Practical Family Law Drafting: Stephen Page’s Legalwise Intensive Paper

Can Children Born Through Surrogacy Have Secure Parentage Worldwide?

International surrogacy is a global reality. Advances in assisted reproductive technology, combined with cross-border family formation, mean children are being born through surrogacy in jurisdictions with very different laws and values. That diversity creates a legal and human-rights problem: how can the parentage and identity of these children be protected consistently and quickly across borders?… Read More »Can Children Born Through Surrogacy Have Secure Parentage Worldwide?

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board