QLD Can Police Drop Domestic Violence Charges?

[Confuddled]

I hope this is in the right place.

I was a victim of domestic violence and the police attended and filed an order on my behalf. My ex-partner has disputed in court and the next hearing is in a couple of weeks.

The abuse was insidious and mainly psychological. Luckily (I guess) when the police attended I had a mark from where I was struck.

He has been contacting friends of mine to gain ammunition and to cast doubt on what happened. I'm frightened and suffer daily panic attacks as I work very close to his home and travel near there each day.

I'm seriously doubting whether the order will even be approved as he is so manipulative.

I'm wondering if it's possible to have police drop the case. I'd love for the next two years to have the peace of mind of an order but the process is distressing me.

 

[AllForHer]

The shortest answer is no, you can't get the police to drop the case, and the reason for that is because of cases like yours - where the respondent continues to intimidate the aggrieved in order to pressure them to drop the case and place themselves back in danger without any immediate protection.

It's extremely difficult to successfully challenge a domestic violence order, especially one that is filed by the police. The Court doesn't need to be persuaded beyond reasonable doubt that a risk exists, but rather just on the balance of probabilities, which is easier to prove. Since it's not a criminal matter unless they breach the order, the Court is essentially free to take a 'better to be safe than sorry approach'.

At the socio-political level, the Court doesn't want to discourage victims from seeking help just because there's a chance the Court won't make the order. Police also don't tend to pursue domestic violence orders where they don't think they will be able to persuade the Court of its necessity.

Ignore your ex's behaviours. Let the police do their job of protecting you.

 

[Gorodetsky]

Hi confuddled,

I'm not a solicitor. OK?

Your question: can I get the cops to drop the application? Almost certainly no. For the reasons allforher has put forward.

My thoughts:

Go talk to the cop or prosecutor who is running this thing. You are thinking about backing out because they haven't properly talked to you about what happens.

You are not on trial. Your behaviour is not on trial. Your past is not on trial. Your reliability as a witness will be examined...So answer the questions simply and honestly....If you don't understand the question, say that. If you don't remember, say that. Don't try to be smart, don't give long answers.

The magistrate doesn't expect you to have perfect recall and perfect behaviour. If you seem like an honest person, who called the cops after being assaulted - you'll get the order.

This person is manipulative? Sure. The magistrate sees them every day.

Psychological abuse? Sure. That's part of DV, it's against the law. You need to tell the court about that stuff too. It'll help get the order.

Don't turn around now. Your confidence is low. Remember he struck you. That's assault. It's against the law, and it's not OK. Everyone in that courtroom is meant to ensure the law is upheld. He's the one under scrutiny. He's the one who has to explain why no order should be made.

I don't rate his chances. You shouldn't either.

Regards,

 

[nat 2015]

Hi,

I am going through what you are going through. iI have a temp order in place and I am terrified of going up against him. My ex is very manipulative and has said to me he has recordings of me and him arguing and that he is going to use it against me. He is also saying that I am mentally unfit to care for our children.

Yes I have had depression, but it is well-managed and I have been told it's from the abuse I have endured over the last 20 years, all which he has denied. I too am thinking of withdrawing my order, as I don't have the strength to fight him. His lawyer is a friend of his and is very aggressive and I would rather this just go away, so I feel your pain.

My ex has said many of times he has a reputation that he has to protect and he is more concerned about how he will look rather than the truth. He has many times stated that I deserved it and for a long time I thought I did.

Mine was a private application.

 

[AllForHer]

A recording of an argument where both parties are participants isn't going to persuade a court that a domestic violence order application should be dismissed. To the contrary, it's more likely to persuade the Court that the parties in question need to be kept away from each other. This isn't a competition of who is worse than who. It's a determination as to whether an domestic violence order is necessary and desireable for the safety and well-being of the aggrieved. If your ex felt from the arguments he recorded that he needed protection, he should have applied for an order himself.

Don't withdraw the application.