WA Assault - Was I Forced to Sign an "Agreement"?

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Bernard

Member
22 December 2017
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Hi, first time posting here.

Some time ago, an ex partner, who owed me money and didn't want to pay it back, made a false accusation against me to the police of assault, and being female, said she knew they'd give her preference and I'd be charged and convicted. Well, that's exactly what she did, and she was right. She got her way, no problem at all. She got her neighbour to back her up and went as far as to stand up in court and deliver this perjury on record, just as she boasted to me she would.

I was convicted of an assault I did not and never would commit, and did a community-based order with community service and attended appointments with the Justice Dept. of WA. It's one of the reasons the entire legal system has lost my respect and trust for life. I copped to it to cut my losses, being inexperienced, and having been out-played by someone who knew how to play the game better than I did. I did have representation, and I still don't understand why the untruth of events wasn't even challenged, but it was explained to me that she'd done it, she'd won and this was damage control.

Initially I had to sign some sort of agreement that I would commit to certain terms or whatever. Later, after a day at one of the community svc. projects, one of their staff presented me with a document from their management, with a post-it note on it "For Signing" and told me I was *required* to sign it. It was supposedly a new copy of the same agreement I had originally signed. I read it over first and made it clear I regarded it as up to me whether I signed it or not.

I could not see any difference between it, as far as I remembered, and the original document. Their staffer became very insistent that I was obliged to agree to its terms and to provide a signature to that effect. I asked if it was different to the original, and told it wasn't. I said I wanted to see the original to compare them (and catch them in yet another lie if so), and anyway, if they were the same, I'd already signed it and didn't need to do so again. But I was given some kind of threat of further action if I didn't, the details of which threat I now forget but things would get worse for me.

I would have thought there is no such thing as any legal "agreement" I am obliged to make with anyone, no matter who the hell they think they are, and if I decline that should be the end of it. As a legal contract, then if it requires my consent and an indication of it, then how can it be compulsory for me to agree to it? I thought there was legally no such thing as a forced *agreement*. This was not a signature to indicate I'd received the document, but that I agreed to its terms, I asked that at the time and that was also the gist of its wording.

I wanted to take it to Citizen's Advice Bureau and ask about whether I really was obliged, but was told it had to be done there and then. I regarded their position as coercion.

Was I in fact under some legal obligation to sign their document? If not, are they potentially guilty of some misdemeanour for attempting to force me against my wishes?
 

sammy01

Well-Known Member
27 September 2015
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You signed it...

So you've seen how dodgy this system is right? So how are you going to convince anyone that you were coerced to sign it? BTW they didn't threaten you, did they? They didn't say they would hurt you, punish you or what ever if you didn't sign? so they didn't coerce you... They forcefully encouraged you. At least that is the line they will use.

Were you obliged to sign it? Don't know, impossible to answer without reading it.

Mate I'd encourage you to forget about it... If the contents of the document have no impact on your life moving forward... Then you're best to let it go...
 

Bernard

Member
22 December 2017
4
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I can't forget about it, and it's wrong to do so and meekly let it keep happening unchallenged. That's gutless. So for future reference, does that mean there are certain cases where there's an obligation to sign?

If so, what situations. why, etc?

Thing is, now that I've fallen into the system once, it makes zero difference whether I actually did it or not, I've been noticed and am many times more likely to wind up there again. And I want to be ready for them and every time they're dishonest (frequently) or do something dodgy (all the time), I'm going to catch them out in it and give them as many problems as possible.

Because of that subhuman lump of filth that caused all this for me I will not, ever, be just letting it go, I don't have enough left to lose to care about consequences. I just want to expose it as widely and publicly as possible, make ppl realise that the system's there for the govt., not us, and that it's nothing at all like their expectations of how govt. should represent and serve them.

Believe me I'm not about to just let it go. Some would walk away and let it go on so they're alright Jack, I wouldn't. We're supposed to protect each other, even from the powerful.
 

sammy01

Well-Known Member
27 September 2015
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Good luck... But you signed the thing... No one threatened you with violence? But you signed it.You could have refused...but you didn't.

I understand that you feel the system that is there to protect the innocent got it wrong. Mate, I was there... Ex had me thrown out of my own house. She didn't work, I did. I had to continue paying a mortgage on a house I was not allowed to go near and to top it all off, I was not allowed near my kids...

I was well upset that my ex could get away with lies to get an AVO on me... But she did and like you I was angry... But I learned that staying angry only hurt me...

Look good luck finding a source to vent your anger at the injustice.... But don't let it send you crazy. Only you are losing sleep over this, no one else... true?
 

Bernard

Member
22 December 2017
4
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Maybe, unless I can get something done about it.

I think the place to start is to raise awareness, let the public know what their beloved system is really about. I was told that if I didn't sign the form I could be written up for failure to comply with an order and it risks going back for heavier sentencing. So I did sign it, I take it that in fact I was not actually obliged. I wonder what would have happened if I didn't and how a judge would see it. Depends so much on who you get on the day... that's another major problem I have with the way things are done, inconsistency in the way different people are treated for the same thing.

Some people really do get preferential treatment, as I guess you found out. I sympathise with your experiences, it's just so rigged. All people are equal in the eyes of the law... though some are more equal than others! Law and justice are certainly two very different things. I agree there's only a limited amount of point to getting upset, but I think it may be possible to direct that anger and disillusionment into a worthwhile motivation if I can get more people to understand how it really works. It's an idealist problem. Too many people just blindly trust the system, because they haven't had to experience it.

My anger is obvious, but it's not about me. A rigged and broken and unjust system is actually dangerous to everyone. It's supposed to be a democracy but actuality is just a little inconsistent with that. The reason I think it goes on as it is, is because most people DO think "just let it go", therefore nobody says anything, does anything, and nobody's held accountable. I'll never get anywhere taking on the system, because it'd be the one to receive complaints about itself and we all know how that goes - govt. isn't in it to give US a fair go, they just want to win.

So, I think the place to take action is publicly, spread the word, eventually try to get mainstream media interested. It's exactly because most people just want to minimise their own exposure (and I don't actually blame them, don't get me wrong, part of my problem with it is that's how it's set up to protect itself)... I think really that as citizens it should be our duty to stand up to bad govt. officials and practices, and most of all expose them. Idealistic, yes, but really, is it wrong?

I appreciate your time and response. I realise just what an up-hill push I'm talking about, but one day mate... one day. As a democratic state and country this should be important to everyone - govt. isn't supposed to just have infinite power, there are supposed to be limits on it and for very good reasons. "Good luck" is of course the correct reply, but it's something i can't just forget.

I have such a massive problem with WA out of this and it isn't just going to go away. Thanks again and Merry Xmas.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
It is not just WA.

You are collateral damage in the fight to stamp out violence against women. Coppers here in Victoria have been ordered to place emphasis on stamping out domestic violence compared to other offences. Imagine it is the same in WA. The system will gradually find balance again, but you are not the first and will not be the last to be convicted of an assault against a woman that didn't really happen.

By all means keep telling people you were wrongfully convicted, but don't let it consume your life. All you do is give her another 'win' if you can't let go.
 

Bernard

Member
22 December 2017
4
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1
She passed away some time ago but I don't miss her. She became pretty bad, very good at working the system to her own benefit and learned how to take advantage of the fad for gender preference in those cases at the time. Yep, that's how it is, and another lesson was the total and utter inconsistency and hypocrisy of the courts and system. Two different people charged with the same thing get a totally different outcome depending on who judges the case, how they're feeling that day and just whether they like the look of you or not. How should I respect this system? And for what? Bah. Anyway I thank you for your post, you're right of course, not worth burning up about it, but I'll never forget and if I get to cause some bureaucrats some headaches and bring them to account for the way things are, I'll take great pleasure in doing so. IOW, some REAL justice! Not something you get from the courts, in other words.