QLD Defamation on FB by ex?

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Xena The Warrior Princess

Well-Known Member
3 June 2018
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I just got screenshots by one of my friends stating that her ex is talking about her and her family members on FB. He's got DVO against him. Can she use the screenshots and go to the police with them?

She is very depressed as she has to go to court tomorrow as he placed DVO against her now after a few weeks that court granted her DVO.

Can she use those screenshots as a proof?
 

sammy01

Well-Known Member
27 September 2015
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Expressing an opinion on fb is not unlawful. She could show the screen shots to the cops but unless he is threatening to harm her it is not against the law...
 

Xena The Warrior Princess

Well-Known Member
3 June 2018
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Expressing an opinion on fb is not unlawful. She could show the screen shots to the cops but unless he is threatening to harm her it is not against the law...
it is more like defaming and calling her names, and stating that aggressors in her country didn't do a good job by leaving her alive. she is very stressed.
 

Rod

Lawyer
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27 May 2014
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May not be actionable under the DVO but worth trying. The orders in the DVO may be important so read those and see what they say about these comments.

Anything that affects her reputation may also be defamatory but you'd need to take them to a lawyer for comment.
 

Bill Murray

Well-Known Member
6 June 2018
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All Queensland orders include the mandatory condition of being of good behaviour and not committing further acts of domestic violence.

Your use of gendered terms has confused me but I am assuming your friend has a DV order against him and he is saying s**t about her.

In which case yes, report it. Good behaviour is nice and vague and it's generally based on whether a reasonable person in society would consider his behaviour to be of poor form - which it is. Calling her names is abuse - it's 100% actionable under the DVO.

If she provides screen shots of it and QPS can verify them (trivial to do so - a quick warrant on FB) then he will get charged with breaching the DVO.

If he is doing this s**t though step the DVO up. Submit an application to vary to add a condition that he can't mention her on any form of social media. Get every single family member listed as named persons. If she reports the DV breach she can ask QPS to do the app to vary but they might tell her to do it herself.
 

Xena The Warrior Princess

Well-Known Member
3 June 2018
102
1
394
All Queensland orders include the mandatory condition of being of good behaviour and not committing further acts of domestic violence.

Your use of gendered terms has confused me but I am assuming your friend has a DV order against him and he is saying s**t about her.

In which case yes, report it. Good behaviour is nice and vague and it's generally based on whether a reasonable person in society would consider his behaviour to be of poor form - which it is. Calling her names is abuse - it's 100% actionable under the DVO.

If she provides screen shots of it and QPS can verify them (trivial to do so - a quick warrant on FB) then he will get charged with breaching the DVO.

If he is doing this s**t though step the DVO up. Submit an application to vary to add a condition that he can't mention her on any form of social media. Get every single family member listed as named persons. If she reports the DV breach she can ask QPS to do the app to vary but they might tell her to do it herself.


It got even worse now, he is gone nuts.
 

Xena The Warrior Princess

Well-Known Member
3 June 2018
102
1
394
Your friend probably needs to ask to speak with a DVLO if it is escalating.

Is your friend city or regional?
The magistrate vary her existing DVO against her ex (he put in that her ex cannot put anything about her in social media), and he wasn't so happy as magistrate didn't give him even the temporary protection order which resulted in him yelling and carrying on like an idiot, so magistrate told him that all is recorded in court and that all microphones are sensitive, and also he suggested him to look for legal help when he comes back with affidavit. He was so unhappy and will see how is it going in November.
 

Scruff

Well-Known Member
25 July 2018
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NSW
"... stating that aggressors in her country didn't do a good job by leaving her alive" is racial vilification. Keep an eye out for those kinds of comments. I don't know if the Police can do anything directly (perhaps Bill can advise), but we've all seen many times on the news where people have landed themselves in a lot of hot water over less insulting comments than that one.