Is Australia a country who can easily frame up another with zero cost and without responsibilities?
One Friday night on July 2015 when I finished my work and got back to my house, my ex-wife said she was going to fill the petrol then drove the only family car away at around 8pm. She didn't come back so I called her at 9pm but she didn't answer the phone
At around 10pm, two police knocked the door. They pronounced an AVO against me and forced me to leave my house within a very short time. I didn't have a car so I left my house with only 3 small shoulder bags. The two police monitored me from the beginning to the end when I was packing my personal stuff and they refused me to take any valuable stuff.
When I checked in at a hotel, I called her parents but strangely none of them picked up the phone. I had a feeling that I was framed up. I went to see a solicitor on Saturday. The solicitor was a young lady and she advised me to accept the AVO without admissions because most of the people would do that to save the legal cost and reduce the risk. Even if I win, I still can't go back to my house and I still can't contact my ex-wife through anyway. Otherwise I may have another AVO from her. And if I fight against the AVO I would have risks to have criminal record, even if there is only 1% of the chance it is still a risk...
After two weeks, when the mention day came, I accepted the advice from the solicitor and consented the AVO without admissions. I was really afraid of what the solicitor said about the risks because the police just kicked me out from my house without asking me any questions before that. The mention day was my birthday and I was so upset. What a birthday gift it was!
Then I found the below facts:
- From the history records of one of my online account I found she was trying to purchase some erotic lingerie only a few days before the AVO day.
- Recalling from my memory those days, she always came back home soon after I arrived home. She didn't work but most of the times when I got home she was not there and after a few minutes she was back. Sometimes she was at home when I came back however when I passed the car I felt it was warm which means she just came back. When I asked her whether she went out she said no. Then I suddenly got the AVO.
- I finally found out that she cheated on me. I got the AVO on July and in August she drove the only family car to Queensland Gold Coast with another guy and they rented an unit in a luxury building toward the sea with the rental around $700/week. They were found to purchase the furniture together and lived in that unit together
- From her bank statement (provided in family matter) I saw her transaction to a hotel in Las Vegas.
- She used to live with her ex-boyfriend for years and granted the migration Visa by De Facto Marriage then she issued an AVO against her ex-boyfriend
- The house that I purchased and paid more than 80% was transferred to her own name thus I won't be able to go back. The legal firm that did this transferring became her family solicitor later.
- She refused me to apply the loan when we purchased the house so the loan is under her own name. She didn't not work and had no any income at all but she finally got the loan successfully. I believe she provided faked document when she applied the loan.
- She cheated the council and built the boarding house (7 rooms). She rented out all the rooms and got all the rental into her pocket. On the other hand I have to pay the extra loan because I did refinance from other properties under my name and put all the money into the house.
- She mentioned previously she cheated the CentreLink and hided the properties under her name to get the benefits. But I didn't have evidence of it.
I realized I made a mistake to consent the AVO even without admissions. I decided to appeal the AVO. I changed the solicitor and appealed the AVO. But the new solicitor told me that I couldn't talk about the facts of AVO because I the appeal was to against my previous solicitor not the AVO. If I mention the facts I would be failed. I really don't understand how the law system works.
The appeal was so difficult and finally the appeal was failed because I have consented it even though I was advised during the court that I was the first customer of my previous young female solicitor to deal with AVO matters and she was not eligible to give advice independently without supervision.
After a while the police charged me because my ex-wife provided them a statement.
My families and friends misunderstood me and they thought I "must have done something" or otherwise why I consented the AVO, why the appeal was failed and why the police charged me. I really felt unwell of that. They didn't understand the Australia Law system. They didn't understand the police gave an AVO against me without talking to me at all. They didn't understand when appeal I was not able to talk about the AVO facts. They didn't understand the police charged me so easily only based on a statement and no further investigations.
I had to spend a lot of money, time and energy to deal with the police charge. I had to frequently go to see solicitors, hire barrister, prepare evidence and documents, find witnesses...etc. The high pressures have brought me very bad affections and awfully effected my normal life. I had to see psychologist and take a lot of drugs & sleeping pills.
This has lasted two years and there were totally 3 times hearings arranged but every time my ex-wife and the police were trying to vacate the hearing.
The first hearing was on Sep 2016 which was after one year I got the AVO. As it was the first time vacation application my solicitor advised me to consent it to save my cost otherwise I would spend more money to fight against the vacation.
The second hearing was on Jan 2017 and their vacation was refused. So she had to attend the court however the proceeding was very slow and soon the court was going to be closed. My barrister only had limited time to ask her a few questions and obviously she lied and made stories but unfortunately no enough time to go further.
The third hearing was on June 2017 and they raised the vacation again. Finally she didn't come to the court after the vacation was refused. The police said she sent an email in the morning on that court day said she was unwell and was not able to come to the court because of the assaults on the AVO.
That was interesting, it was already two years since the AVO and she was able to go to Las Vegas but was not able to come to the court. More interestingly neither the police nor the judge has raised any suspicion on her obvious lies. Anyway as there was no witness the police withdrew all the charges against me.
I was entirely framed up and from the beginning to the end I had no any chance to talk about the facts and how it awfully worked on me. I spend a lot of money and lost my job because of the charges. I have been working in a company for 9 years however no any business would allow the employee to frequently go to see solicitors, go to court and work with pressures outside of the work.
And I was not able to claim the money back from the police. When my solicitor raised the claim on the court the judge said because the witness didn't come she won't be able to know whether the assaults were true or not. This was ridiculous. No one really cared about the facts and all the time & money spent on processes.
My ex-wife used the police as a tool and spent zero cost to frame me up with no any risk. The police spent public resources to help her to charge and gave huge hurts to an innocent person. I got huge lost on my money & time & health & job again and again.
Finally my ex-wife has achieved her goal under the help from police. I do not have any money, energy to go on with family matters. I have spent more than hundred thousand dollars so far and besides of that, my properties have caveat and can't be sold. If I apply to sell I will have to spend more money to fight against it and will have another long process again from Mention...to Hearing...etc.
I used to have a wife, a good job, properties and cash. I now have run out of my money, lost my job, have huge loan to pay that I can't afford at all. Only one night everything changed.
All these caused by the frame-up from my ex-wife and the AVO & criminal charge from the police. I was told that she doesn't need to pay anything and no any responsibility of this because it was the police charged me not she. I was told that if I fight against police it would be almost impossible to win.
I really do not understand the Australia law system. It gave me a strong feeling that the whole law system, the police are protecting and encouraging such kind of liars and easily against an innocent person and won't care of any facts.
So...what should I do? I do need your help please and I really really appreciate your help.
One Friday night on July 2015 when I finished my work and got back to my house, my ex-wife said she was going to fill the petrol then drove the only family car away at around 8pm. She didn't come back so I called her at 9pm but she didn't answer the phone
At around 10pm, two police knocked the door. They pronounced an AVO against me and forced me to leave my house within a very short time. I didn't have a car so I left my house with only 3 small shoulder bags. The two police monitored me from the beginning to the end when I was packing my personal stuff and they refused me to take any valuable stuff.
When I checked in at a hotel, I called her parents but strangely none of them picked up the phone. I had a feeling that I was framed up. I went to see a solicitor on Saturday. The solicitor was a young lady and she advised me to accept the AVO without admissions because most of the people would do that to save the legal cost and reduce the risk. Even if I win, I still can't go back to my house and I still can't contact my ex-wife through anyway. Otherwise I may have another AVO from her. And if I fight against the AVO I would have risks to have criminal record, even if there is only 1% of the chance it is still a risk...
After two weeks, when the mention day came, I accepted the advice from the solicitor and consented the AVO without admissions. I was really afraid of what the solicitor said about the risks because the police just kicked me out from my house without asking me any questions before that. The mention day was my birthday and I was so upset. What a birthday gift it was!
Then I found the below facts:
- From the history records of one of my online account I found she was trying to purchase some erotic lingerie only a few days before the AVO day.
- Recalling from my memory those days, she always came back home soon after I arrived home. She didn't work but most of the times when I got home she was not there and after a few minutes she was back. Sometimes she was at home when I came back however when I passed the car I felt it was warm which means she just came back. When I asked her whether she went out she said no. Then I suddenly got the AVO.
- I finally found out that she cheated on me. I got the AVO on July and in August she drove the only family car to Queensland Gold Coast with another guy and they rented an unit in a luxury building toward the sea with the rental around $700/week. They were found to purchase the furniture together and lived in that unit together
- From her bank statement (provided in family matter) I saw her transaction to a hotel in Las Vegas.
- She used to live with her ex-boyfriend for years and granted the migration Visa by De Facto Marriage then she issued an AVO against her ex-boyfriend
- The house that I purchased and paid more than 80% was transferred to her own name thus I won't be able to go back. The legal firm that did this transferring became her family solicitor later.
- She refused me to apply the loan when we purchased the house so the loan is under her own name. She didn't not work and had no any income at all but she finally got the loan successfully. I believe she provided faked document when she applied the loan.
- She cheated the council and built the boarding house (7 rooms). She rented out all the rooms and got all the rental into her pocket. On the other hand I have to pay the extra loan because I did refinance from other properties under my name and put all the money into the house.
- She mentioned previously she cheated the CentreLink and hided the properties under her name to get the benefits. But I didn't have evidence of it.
I realized I made a mistake to consent the AVO even without admissions. I decided to appeal the AVO. I changed the solicitor and appealed the AVO. But the new solicitor told me that I couldn't talk about the facts of AVO because I the appeal was to against my previous solicitor not the AVO. If I mention the facts I would be failed. I really don't understand how the law system works.
The appeal was so difficult and finally the appeal was failed because I have consented it even though I was advised during the court that I was the first customer of my previous young female solicitor to deal with AVO matters and she was not eligible to give advice independently without supervision.
After a while the police charged me because my ex-wife provided them a statement.
My families and friends misunderstood me and they thought I "must have done something" or otherwise why I consented the AVO, why the appeal was failed and why the police charged me. I really felt unwell of that. They didn't understand the Australia Law system. They didn't understand the police gave an AVO against me without talking to me at all. They didn't understand when appeal I was not able to talk about the AVO facts. They didn't understand the police charged me so easily only based on a statement and no further investigations.
I had to spend a lot of money, time and energy to deal with the police charge. I had to frequently go to see solicitors, hire barrister, prepare evidence and documents, find witnesses...etc. The high pressures have brought me very bad affections and awfully effected my normal life. I had to see psychologist and take a lot of drugs & sleeping pills.
This has lasted two years and there were totally 3 times hearings arranged but every time my ex-wife and the police were trying to vacate the hearing.
The first hearing was on Sep 2016 which was after one year I got the AVO. As it was the first time vacation application my solicitor advised me to consent it to save my cost otherwise I would spend more money to fight against the vacation.
The second hearing was on Jan 2017 and their vacation was refused. So she had to attend the court however the proceeding was very slow and soon the court was going to be closed. My barrister only had limited time to ask her a few questions and obviously she lied and made stories but unfortunately no enough time to go further.
The third hearing was on June 2017 and they raised the vacation again. Finally she didn't come to the court after the vacation was refused. The police said she sent an email in the morning on that court day said she was unwell and was not able to come to the court because of the assaults on the AVO.
That was interesting, it was already two years since the AVO and she was able to go to Las Vegas but was not able to come to the court. More interestingly neither the police nor the judge has raised any suspicion on her obvious lies. Anyway as there was no witness the police withdrew all the charges against me.
I was entirely framed up and from the beginning to the end I had no any chance to talk about the facts and how it awfully worked on me. I spend a lot of money and lost my job because of the charges. I have been working in a company for 9 years however no any business would allow the employee to frequently go to see solicitors, go to court and work with pressures outside of the work.
And I was not able to claim the money back from the police. When my solicitor raised the claim on the court the judge said because the witness didn't come she won't be able to know whether the assaults were true or not. This was ridiculous. No one really cared about the facts and all the time & money spent on processes.
My ex-wife used the police as a tool and spent zero cost to frame me up with no any risk. The police spent public resources to help her to charge and gave huge hurts to an innocent person. I got huge lost on my money & time & health & job again and again.
Finally my ex-wife has achieved her goal under the help from police. I do not have any money, energy to go on with family matters. I have spent more than hundred thousand dollars so far and besides of that, my properties have caveat and can't be sold. If I apply to sell I will have to spend more money to fight against it and will have another long process again from Mention...to Hearing...etc.
I used to have a wife, a good job, properties and cash. I now have run out of my money, lost my job, have huge loan to pay that I can't afford at all. Only one night everything changed.
All these caused by the frame-up from my ex-wife and the AVO & criminal charge from the police. I was told that she doesn't need to pay anything and no any responsibility of this because it was the police charged me not she. I was told that if I fight against police it would be almost impossible to win.
I really do not understand the Australia law system. It gave me a strong feeling that the whole law system, the police are protecting and encouraging such kind of liars and easily against an innocent person and won't care of any facts.
So...what should I do? I do need your help please and I really really appreciate your help.