QLD False Allegations, DVO and Stolen Items - What to Do?

Vukza · 19 February 2019

So my brother has been in an abusive relationship with a woman and he's called off the relationship with her (they were together 4 months and living together in this time). Once he called off the relationship she's then accused him of raping her, beating her and her kids that they both lived with.

She's continually threatening my brother with legal action to pursue the r**e charges but in the meantime, my brother has had a DVO put against him (the allegations of r**e were mentioned in the DVO). As he has a DVO against him, he is not allowed to go to the property to collect his belongings. She is effectively holding his belongings and has refused to return approximately $15k worth of electronics and furniture. My brother is autistic and easily misled. She had encouraged him to take out a $30,000 personal loan which she has taken a large sum of that for her own use.

She is continually calling my brother and reminding him that she can "mess up his life". One minute she wants him back and the next she is threatening him. This is pushing my brother to the brink and I am quite worried that he will commit self-harm. He clearly didn't do anything and she is overreacting to a bad break up. What opinions can I pass onto my brother? He is already under the assumption that the police are against him as his ex is calling him and informing him that the police want to proceed with the r**e allegations.

Although she raised the initial DVO surely what she is doing cannot be legal? He hasn't attended the property and is now currently living in a caravan park. She is continually calling him and threatening him with legal action.

sammy01 · 19 February 2019

Have a look at the details of the avo. It is likely to have a no contact order. Can you check that and get back to us?

So your brother can go to the cops with his phone and show that she is harassing him.

But, let's get a bit strategic here. Before he does that he can ask the cops to attend the house with him to collect his stuff. The problem is the ex will have to agree. Hence the strategy, she is gonna agree if he goes and makes a complaint about him.

Now as for the r**e, I think if the cops took that seriously, he would have been charged at the same time as the avo.

This is how this is likely to pan out. He can accept the avo without admission. He is unlikely to see his possessions or the $$$ she blew. Sorry, not a good result.

Depending on the level of disability, it might be worth talking to any disability support/advocacy service you can find, but I know very little about this.

Sorry to hear about your brother's issues.

One more thing, take him shopping, buy a new phone or get a new sim with a new number. Contact all his mates and tell them he is changing his number. Block her on all social media.

Vukza · 19 February 2019

Thanks Sammy01, I currently live overseas so I'm doing all of this by over the phone with him. I have told him to block her by all means however he's told me that he's scared that she will pursue legal action against him so he's quite hesitant to cease contact with her.

As the DVO stated that he assaulted her kids she is also threatening to push along with this as well. No charges have been laid by the police as of yet. I'm hoping that he ceases contact with her and calls her bluff so that this all just goes away. It's causing an incredible amount of stress with my family. I will pass on that he has a chat with the Police about collecting his belongings and that he mentions the continued harassment.

gruidae · 19 February 2019

The fact she's continually calling him when's he's supposedly raped and beaten her should offer him some protection. What frightened woman would continually call her rapist/abuser? Should the police ever ask him to attend an interview, showing them the evidence on the phone should put paid to them pursuing it further. If there's demands for money coming with the threats, she could be in some serious legal hot water herself - consider getting an app to record the calls, which is also legal in Qld.

The first DVO hearing is usually a temporary protection order, it will be listed for further hearing on the paperwork he received. At the next DVO hearing tell him to ask the magistrate to be able to reutrn to the property with the police to retrieve his belongings.

In Qld, magistrates will usually allow that. Also, there is a free communty service called Caxton Legal centre where he can go and get free legal advice regarding what to do regarding the DVO hearing/theft/false allegations, they have free clinics a couple of evenings a week, worth giving them a call and find out which nights and going along. They won't represent him in court but they can advise him of next steps to take and give him reassurance on how to proceed.

gruidae · 19 February 2019

ETA:: also warn him to not initiate any calls himself, even to return a call from her- either take the call at the time and record it for his own protection or let it go through to voicemail

Vukza · 19 February 2019

Thanks heaps for the pointers! I'll pass this onto my brother.

Jimbo! · 20 February 2019

Vukza said:
Although she raised the initial DVO surely what she is doing cannot be legal? He hasn't attended the property and is now currently living in a caravan park. She is continually calling him and threatening him with legal action.

Get him to record as much of these conversations as possible and if he can try and entrap her without breaching himself. If like my ex she is genuinely not fearful of him she will trip up.

sammy01 · 20 February 2019

I strongly disagree with the last post. Recording someone can be illegal and the cops are far more likely to see him recording as a form of stalking. BAD IDEA all the worse if your brother has issues with reading social cues as is the case with folk on the autistic spectrum.
very bad idea.

GlassHalfFull · 18 June 2019

Recording a conversation is only illegal in some states. I don't know about QLD but in Victoria it is legal as long as it isn't a phone tap. But you can have a tape recorder and your phone on loudspeaker and record that, from what I understand, as long as the recording device isn't on the phone itself. Technicalities, but just stating it for the record.

Having said all that, my understanding is that these recordings are often inadmissable in family court proceedings, but it sounds more like this is potentially a criminal matter, so I think the stakes are higher and it is worth doing, even if you just keep the recordings in your back pocket and then get legal advice about whether you can use them. As long as it's legal to record them that is. As I said, I don't know the law in QLD.

Scruff · 19 June 2019

QLD is the same as VIC in that any principle party to a private conversation can record it for any reason without the knowledge or consent of the other party or parties. (You can't do that in NSW.)

The relevant law for QLD is the Invasion Of Privacy Act (1971) - s43 Prohibition on use of listening devices. The exclusion for principle parties is s43(2)(a).

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QLD False Allegations, DVO and Stolen Items - What to Do?

Vukza

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sammy01

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Vukza

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gruidae

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gruidae

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Vukza

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Jimbo!

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sammy01

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GlassHalfFull

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Scruff

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