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Charged AVO - Charge Ex or Police for Compensation?

Discussion in 'Criminal Law Forum' started by Dvsttd, 18 November 2015.

  1. Dvsttd

    Dvsttd Member

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    Hi There

    My ex went to the cop-shop 2 months ago and created a picture of me as someone who bashed up her 4 times in the past 12 months. She wanted an AVO on me but she didn't want to charge me and stated she would not support any charges. Her reason was that I might show up on her court day, and she didn't want that, and that she is also scared of me, etc. So the police applied for an AVO based on her witness statement.

    I found out her AVO request from the internet when I found my name in the court list, a day before my hearing at the local court. That was a shock to me, I didn't know "wtf" was happening, so I rushed to a lawyer. After his advice, I walked in to the local cop-shop and picked up my paperwork that they didn't serve me for a week (they didn't even try).

    The next day, I showed up at the local court with my lawyer, and it cost me 1K up front.

    After the first hearing, I gave my evidence to fight against this AVO because what she was stating was/ is baseless. (We're not sure yet, but we are most likely dealing with an ex-junkie who I put in rehab and this is her way of breakinf up with me as she doesn't know better.)

    The police could not have a statement from her to give further evidence for their case (we don't know why. It's either because she disappeared from the police or because she doesn't want to go further with it.)Today the prosecutor said at the local court that they will withdraw the application.

    So it's all good (apart from the fact that I still don't understand why she did it) but by now I'm $3000 out of pocket and lost income because I had to go to the court. Is there any way to charge her or the police for compensation and the lost and wasted money and time? If not, then this is kinda f-ed up. If anybody can do this with you, they could push you to bankruptcy.

    Does the police have some responsibility when they charge you (I have a clean history with the police, She has a long criminal record) based of somebody who is not trustworthy?
     
  2. AllForHer

    AllForHer Well-Known Member

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    The police did their job. The money you paid was for your lawyer's time and expertise to represent you in a legal matter of due process. I can't see any avenue in which you would successfully attain compensation for the inconvenience and cost imposed to you of due process.
     
    Louise4007 likes this.
  3. Tim W

    Tim W Lawyer

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    Work done urgently often costs more.
    Work done at super short or zero notice can cost even more again.
    I suggest that, given the seeming complexities of this case (credibility of the complainant,
    questions about reliability of evidence and the reasonableness of the apprehension of violence),
    and the prep-work required by the lawyer, and the super short notice,
    in all the circumstances, that fee is in the lower end of mid-market range.
    Loss of income, no. Your costs? Ask you lawyer about the prospects of costs in your case.
    Your lawyer's answer will probably be is "probably not", but ask them the question.
    Not in the way you think.
     
  4. Dvsttd

    Dvsttd Member

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    Thanks for the responses.

    Just to make myself clear as English is not my first language (another reason I rushed to a lawyer), I may have been misunderstood.:

    I'm not questioning my lawyer fees. It's just hard to believe how easy is to harm somebody financially.
    My ex walked into the police station and told them made up stories. The police then started a process for an AVO based on her lies
    .
    This action cost her nothing, but it cost me money. I want it back. I want it back from her or from the police.

    Spending 3K is easy if you have it. Saving up that money was a hard bit.

    Thanks
     
  5. Tim W

    Tim W Lawyer

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    Wanting it doesn't mean you are entitled to it.
    I repeat my suggestion above, to speak to your existing lawyer about the prospects of getting costs awarded in your case.
     

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