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QLD Cyberstalking by Queensland Police Officer

Discussion in 'Criminal Law Forum' started by suzyq, 24 July 2014.

  1. suzyq

    suzyq Member

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    Hi, I will try and keep an extremely complex and lengthy situation brief. I was married to a qld police officer for just over 20 years and divorced 11 years ago. He subjected me to domestic violence of all forms for the entire 20 years. He has continued to contact me the past 11 years even though I have told him, in writing, to never contact me by any means, including digital. We have no need to communicate as one child is now 26 years old and the other has been killed. The 26 year old has cut all ties with his father and refuses to have contact with him. the cyber stalking by my ex-husband is to both myself and my adult son.

    My ex husband has been electronically monitoring us both for the last 11 years. He constantly access our personal details and "checks the system to see what we are up to". My son has had some serious health issues, which my husband has discovered, and turned up to the hospital on two separate occasions. He enters the hospital via the entrance for medical or ambulance staff, in uniform, and asks for all details of my son's condition. The staff always give him this information as he states he is the father, and he is in uniform.

    I have made complaints to the CMC, who just hand it to the QPS to investigate. They have sanctioned him and he has given an undertaking to not do it again. Exactly the same results as the last time I made this complaint. They sent me a letter stating that "all your claims have been substantiated". This man will never leave us alone; can I sue him personally for stalking us? Both my son and I are suffering depression from the abuse of this man and I have diagnosed PTSD from it as well.
     
  2. suzyq

    suzyq Member

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    really, no answers? This man is never going to leave us alone. Looks like I will have to try and find answers elsewhere, the problem I've had ever since I met him. Thanks.
     
  3. AllForHer

    AllForHer Well-Known Member

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    Hi, Suzyq.

    You have grounds to get an AVO against him and I would suggest doing so, but in terms of suing him, that's a bit more complicated. You really need to speak to a solicitor to get clearer direction. Contact Legal Aid immediately and organise an appointment with one of their solicitors. There is a good chance you will be able to get funding for your case.
     
  4. suzyq

    suzyq Member

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    Thanks for the reply, Allforher. The police led me to believe that since it is so long since we have been in a "domestic relationship", that I cannot apply for an AVO. I have taken out two DVO's in the past, and for some reason the magistrate only granted them for one year not the standard two, as it affected his employment by not being able to be on "active duties" as you cannot carry a gun when under the orders of a DVO. He continuously breached these orders, I kept going back to court, but they refused to charge him with the breaches. I do have an earlier letter from the CMC as well, that states all my allegations of violence were substantiated. I had witnesses, medical reports and photos of property damage. This man is protected by his profession and refuses to release control of me and my son.
     
  5. AllForHer

    AllForHer Well-Known Member

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    I don't believe there is any time restraint on the definition of a 'domestic relationship' for the purpose of a DVO, but clearly, the police are unwilling to pursue it because it could potentially have backlash for them in the workplace. You can file this as a civil matter, though, which means police aren't involved. That might be a good place to start.

    I would still talk to a solicitor, though, because stalking is a criminal offence in Queensland under s359E of the Criminal Code 1899, and your case is especially strong if you have evidence of the impact said stalking has had on you, such as medical reports and photographs of property damage. I don't believe there is any time restriction on pressing charges for criminal offences. Additionally, as I understand it, police are also not permitted to use their professional privilege to access information about persons not directly related to an investigation.

    Going that path with a solicitor - a third party - will probably be more productive than going it alone.
     
  6. Toqual

    Toqual Well-Known Member

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    I do agree with @AllForHer and suggest you speak to a lawyer or contact Legal Aid. I am not too familiar with Queensland although based on my knowledge, no legislation clarifies as to 'too long' is in regards to being out of the relationship. In the Domestic and Family Violence Protection Act 2012 (Sec 15) it claims it is valid if you are, or were in a spousal relationship.
     

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