VIC Can I charge my mother and uncle with defamation over a false IVO application?

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2 May 2024
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Long story short, In July of 2023 my grandfather was sick and dying. My mother and uncle were taking control of my grandparents who were both quite able to look after themselves and hadn’t asked for any help. I went to visit and was told my mother had stormed out when she found I was coming. She told my grandmother I would get what was coming to me and I’d be sorry when she’s done with me.

Maybe a week later, the police turned up at my house but of course I was with my grandparents so i went to their local station to see what was going on. My mother and uncle had taken out an intervention order against me on behalf of my grandmother… the day that my mother stormed out of my grandparents house because I was going to see them!!!

In the order they claimed that there was elder abuse going on, that my grandmother had dementia (completely untrue and not diagnosed) that I was siphoning money from my grandmothers account and that I was using my children to coerce money from both my grandparents. They had applied for all conditions on the order but the interim order was applied with only the condition to not commit elder abuse. (Which I would never anyway)

A couple of days later, my grandmother Recieved a letter in the mail from vcat. She asked me to read it to her as she is borderline dyslexic. The letter was stating that my mother and uncle were applying to have guardianship of my grandmother and her finances because she has “memory loss” and is unable to care for herself or my grandfather. They claimed to have power of attorney and wanted to be able to make sure her granddaughter couldn’t manipulate, abuse and steal from her anymore and that an investigation by vic police was underway.

I was gobsmacked by all of this. Because I wanted to see my grandparents I was being accused of so many heinous things that I had never done. I printed out all of my bank statements going back as far as I could, showing where my grandmother had sent me money. (Kids birthdays, Christmas, my birthday etc) Every payment was labelled with what it was for when she sent it.

There was a time where I helped my grandmother pay bills, mostly during covid as she was worried about getting sick and bringing it home to my grandfather. The only time I accessed anything was when I was on the phone to her and she still had all of her bank statements posted to her so if I had been taking anything she would’ve known and confronted me. My grandmother has always been a strong minded woman and doesn’t sugar coat anything. If I did anything wrong she would tell me off no problems, but I love her for it. And I never would’ve dared do anything to my grandmother, knowing my grandfather would kick my ass.

The last time I saw or spoke to my grandmother was the end of July 2023. My grandfather passed on the 11th of July. The last time I saw her she said my uncles had put up cameras all over her house, changed locks on all the doors, put locks on my grandfathers bedroom and storage room so that nobody could get in there, not even her. My mother had gone and helped herself to my grandfathers belongings in his room after he died claiming to be taking what’s owed to her.

When I went to court for the intervention order, I was the only one who showed up. I told the duty lawyer I would be fighting the order. The police dropped everything and wouldn’t tell me why.

I guess after all of this, and with it being now 9 months later, do I have grounds for my mother and uncle to be charged with defamation? They have concocted these stories out of nothing and turned everyone else in my family against me. I know my grandmother would be missing me something shocking but she felt like she had no choice but to do what they were saying, they’ve taken full control over her life now that my grandfather is gone. I used to talk to my grandmother every day, they barely saw or spoke to her or my grandfather and my uncle lives literally 20 minutes or less away from their house.
 

Rod

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27 May 2014
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Hmm, defamation might still be technically available as a crime, however I very much doubt the police will even look at an investigation, let alone charge someone. They will claim it is a civil matter (ie civil defamation).

Possibly can have them investigated for false reporting to police - IF YOU ALREADY HAVE STRONG EVIDENCE.

The thought of losing out on inheritances causes so much grief in families, and I am saying this in reference to your mother, not you.

You have to consider if it is worth your time and money to wrest back control from your mother.