QLD DVO - Respondent publishing false allegations in DVO as statements of fact to my associates despite order being ‘consented to without admissions’

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DO_UNTO_OTHERS

Active Member
26 September 2021
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What are the legal protections or defamation claims enlivened against a party for sharing the details of DVO’s that have been accepted without admissions? (Ie: Applicant makes extensive allegations the majority of which are lies but there’s enough substance in one allegation (sending a nasty text when drunk which I apologised for) to satisfy the understandably low threshold of what constitutes DV so accept without admissions and adhere to the conditions accordingly.

It then comes to light that the applicant has been showing the order to people inferring that untried allegations on an order accepted without admissions as statements of fact to people like my friends, my neighbours and my employer.

I don’t work with children or care for the elderly but travel regularly with female colleagues so this understandably raised considerable concerns for my employer which didn’t come to light until much later in when it leaked from somebody in HR. Despite us not living close to each other they’ve even ‘warned’ a female neighbour based on allegations that haven’t ever been observed elsewhere in my personal or my professional life and I don’t feel like I have to warn everybody I meet that they might be covertly harassed by a parasitic coward warning them about me. I can’t begin to describe how distressing it is to be labeled this way.

The respondents claim it’s not defamatory due to public interest of womens safety when seen in the greater context they are simply false, thinly veiled and vexatious attempts to victim blame with a backdrop of complex family violence matters all coinciding with the discovery of significant maladministration of a quite large deceased estate.

The order was accepted without admissions and despite never having had any conduct issues relating to female colleagues or other professional associates raised in my entire career or personal life. Quite the contrary, I can provide multiple unsolicited messages time dated from before these allegations where previous female colleagues have thanked me for being supportive of them professionally while dealing with vulnerabilities in their personal lives. I could get many more solicited references if necessary.

Defamation? Misrepresentation?

Are there some sort of privacy rules around the applicant sharing DVO information claiming they’re a criminal charge?

Is there any way to retrospectively have elements of a DV order struck out as proven false/incorrect to stop them/reduce the harm of the false allegations if they are legally okay sharing the details of a DVO in the interests of safety? Some of the orders details are just ridiculous - requiring protection of a pet FFS. I like animals more than I like humans why would I take anything out on poor old Bubbles/Coco just because their owners are perfect examples of the pedigree of humanity I struggle with?

Do Bubbles/Coco even have a mobile bone (sorry, I had to… ) that I could possibly send a nasty drunken text message to? I don’t even know where these people live nor have any interest in doing anything but getting as far the eff away from that I can.

Thanks for reading…
 

Atticus

Well-Known Member
6 February 2019
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the applicant has been showing the order to people inferring that untried allegations on an order accepted without admissions as statements of fact to people like my friends, my neighbours and my employer.
There is this >>> DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 159 Prohibition on publication of certain information for proceeding

You could have a solicitor (don't YOU do it) send her a letter explaining how her activity is in conflict with that section of the act & to cease & desist.... Perhaps also a concerns notice...

In addition you could also seek your own protection order if her activity is causing you undue stress & affecting your personal & professional life.
 
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DO_UNTO_OTHERS

Active Member
26 September 2021
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31
Thanks, Atticus. I’ll have a solicitor pass on that section as suggested.

Words don’t explain the undue stress it’s caused - I’ve ended up with PTSD, anxiety and depression from the crazy making gaslighting and still can’t get away from their parasitic attacks. I’ve got more than sufficient evidence from FB activity and other websites where they’ve reached the threshold (in my opinion) for criminal defamation, it’s also harassment, stalking and intimidation amongst a litany of other things not worth going into.

I’ve got witnesses who’ll appear to say they’ve tried passing this on to them as facts in the form of a friendly warning about ‘what I’m really like’ etc thankfully they tried it on people confidently believing otherwise of me enough to query it with me directly and who will act as witness after finding the secrecy of it all suspicious. I’ve also got inside info on some intentionally staged recordings they’ve been sharing so the credibility of their oral testimony should hold little weight against mine after being caught fabricating/misrepresenting evidence?

I don’t want to put a cross application in on anybody as it’s a sad way to permanently family relations that were once so happy but I need the nightmare to end for my mental health so it makes sense when they dont like me but I seemingly can’t get away from them either…
 

Rod

Lawyer
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27 May 2014
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Also send a concern's notice. Think about what remedy you want.
 
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Tim W

Lawyer
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28 April 2014
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And think about an application for the Order to be withdrawn
on the grounds of abuse of process - that it's being used to defame you,
and being used as purported proof of things not proved.
 
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