QLD Can my ex do this while preparing for trial?

Discussion in 'Family Law Forum' started by frankthetank13, 9 August 2019.

  1. frankthetank13

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    I am currently going through hardcore litigation with my ex and just want to ease my mind about something...

    I was involved in a minor public disturbance with my current partner due to the immense stress of everything.

    The police came along and took our names and spoke to us, but that was that.

    They said they would place our names on file just in case anything came up in the future.

    My question is, now that I am going to trial with my ex over custody, can my ex's lawyer do a police check and have this information come up? I am worried it will affect my chances during the trial?

    Is this the case, or am I just being paranoid?

    Thanks
     
  2. Tremaine

    Tremaine Well-Known Member

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    If they subpoena police for a copy of your criminal record, it could come up in your ex's materials, but it's probably going to have zero impact on your case (unless, of course, it affected the kids directly, like they were involved or you threw one of them at your partner, etc.).
     
  3. Jake Matherson

    Jake Matherson Well-Known Member

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    My assumptions:
    There was some kind of argument between you and your current partner and either one of you or a neighbour called the cops and the police arrived to step in and make sure nothing happened.

    The police separated you both and took your statements and decided no immediate intervention (domestic violence order) was needed and they left and you both settled down or went your separate ways.
    Change the above to suit your story as necessary.

    Although no DVO happened the police would have taken notes in their notepads and then later filed a report in their system just outlining what took place, what you said, what your partner said and what actions the police took.
    The police would have scanned their field notebook into the system also so the handwritten notes would be available.

    Your ex's lawyer could issue a subpoena on the QLD Police asking for a criminal check to be done on you and along with it request all police reports and field notes for incidences involving you.
    If their application is granted you would expect the above material to be returned and it would be visible to all parties and the court.
    As the material would contain information about your current partner they would likely redact their name(black permanent marker) but the report of the incident would likely be there.

    You say that you're going to trial.
    If you are that far along in your court proceedings I would expect that this subpoena would have already been done by now. You might have gotten away with it!
    If I am interpreting you wrong and you are only at the start of your proceedings, this is something you might expect to happen. Especially if your ex is trying to say you're angry/violent and knows there are police matters they can use for ammo.
     
  4. frankthetank13

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    Thank you for your responses. Much appreciated.
     
  5. Atticus

    Atticus Well-Known Member

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    So if this disturbance involved your ex, then you can bet it will be raised somewhere in proceedings.... No point denying it if it's recorded in field notes or on file as mentioned by Jake...

    If that's the first & last incidence then I agree it's doubtful it will have any bearing, BUT, take that police warning seriously & keep your emotions in check... A good counselor can help you deal with & manage the inevitable anger & frustration
     
  6. sammy01

    sammy01 Well-Known Member

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    yep no big deal... Minor and given no AVO then you're not more at fault that she is
     
  7. hshkara

    hshkara Well-Known Member

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    This information is more than likely going to be subpoenaed and produced. You should check the subpoenaed material once it is produced to see if there is anything incriminating there. I would definitely not simply dismiss this and say it is not a big deal, the court will take note to see if the police made any comments about either of the parents or the children. Independent evidence in a hearing is extremely important.
     
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