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SA Entitled to Know Reasons for Not Addressing Domestic Violence Allegations?

Discussion in 'Family Law Forum' started by okanynameyouwishthen, 1 April 2016.

  1. okanynameyouwishthen

    okanynameyouwishthen Well-Known Member

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    Hi,

    I'm curious in comments regarding Domestic Violence. Is it usual for reasons for judgement in parenting order matters where both parties make allegations of being subjected to Domestic Violence from the other party, for the judge's reasons to not even make mention of one party's claims, let alone wealth of documented relevant evidence produced along with said claims?

    Isn't a party entitled to know by way of adequate reasons why certain allegations were not preferred?

    Sincerely
     
  2. Hope this helps

    Hope this helps Well-Known Member

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    Yes, you would think it would be logical and practical to do so, but in my experience, whereby on the first day of court my barrister stood up and asked for adjournment till investigations were made in relation to the actual doctor of my daughter, walking into court stating her father had sexually abused her and stood up for me as this information hit me like a train, and I was mentally sleep deprived looking after my 5-year-old as well as attending to my older daughter in the morning at 5.30 am, lunch and dinner plus night time ( between having to attend Legals) who was placed in a child's mental health unit and wouldn't eat in case it was poisoned because her father had told her he would do this, not take medication nor take showers, baths and go to the toilet in case her father was there - and I was the only one who could convince her.

    In my case, I did not want any of my domestic violence brought up at all. All I wanted was the ex could have everything, just leave the children and I alone. But the solicitors and barristers told me I better talk to someone because it will be brought up in court.

    But my domestic violence was not your usual domestic violence if there is such a thing. A person who has been tortured, grotesque happenings, brainwashed, not allowed out, locked away under the house, and hearing your babies tap on the door calling out mummy and hearing them being hit, crying, told never to go near me, and worse happenings which for me I had no way of escaping, didn't know my area let alone go out without the ex and he would even come into the ladies toilets with me and tell all the ladies 'oh my wife is pregnant' and say in a caring voice 'honey are you ok? Is there anything I can get for you?' And hearing women praise him for being so caring , though I'm not saying anything that is even the tip of the violence experienced, let alone knowing what he was doing to our babies and other children, etc.

    I thought domestic violence would come under Criminal law and in Criminal court, not family court and if anyone has been through domestic violence, it's difficult to face, hear or speak of it regarding yourself let alone if your children were affected.

    In my case, there was a lot of expert witnesses, neighbours, other witnesses but the Judge I had didn't even believe that I had caesarean births even though expert witnesses stated it, but the ex remained silent and so did his parents and sergeant brother who was helping him in court who knew this to be true ( ex had even video taped our children's birth in the operating theatre).

    So it's up to the Judge. The idea my barrister and solicitor tried to tell me is that the person who takes care of the children the most gets a bigger percentage of settlement. That's their reasoning. However, it should be the case whether the children are safe and taken care of as the importance!

    I didn't care nor wanted anything that had anything to do or connected or reminded me of the ex and that is why I said he could have everything, just leave the children and I alone. So the Judge said if that's what I want, that's what I'll get! And I also had to pay $10.000.00 for the ex 's lawyer who defended him for the police charging of breaching a 2 year AVO due to severe physical bodily harm which the police took photos of ten days after it happened, took him to court but the photos and evidence disappeared.

    It is up to the Judge. I didn't have a clue about courts, procedures, solicitors, barristers nothing. What was supposed to be a 1-2 day hearing to sort out property and child custody as it was called then, took 19 days. Of course, the Judge wronged but the solicitor and the barrister were useless. Neither one of them told me about an appeal.

    I was granted it but didn't have the money for 9 transcripts for the high court each costing $18,000.00. Plus when you have friends and family in high places, apart of a 'men's club' which I won't mention, and didn't know this secret club existed , no one has any chance at all.

    But to answer your question- in my case all expert witness, evidence shown and given was disregarded by the Judge and he is the ruler of the court. No one would tell me who is higher than a judge or where I could take my case of the wrong drunkard Judge to a higher person.

    But now every Tom, Dick and Harry and Mary try to place allegations of domestic violence on their partner, call docs, etc. This is to make the other parent unsuitable, and if one parent is absolutely a good parent and care and love their child/ children with all their heart, it will break that parent. To me, any proven false allegations of domestic violence should be met with a severe penalty! But there is more domestic violence occurring every second in Australia , in fact, it's firmly woven into Australuan society.
     
  3. Clancy

    Clancy Well-Known Member

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    Thanks for sharing. Sounds like that judge has become overly cynical and needs a holiday! Us citizens go to court expecting justice but we don't know the judge we are going before has worked not stop for the past 10 years and is just totally burnt out because of the demands on the legal system! And even with so many cases being settled out of court they still cannot keep up and nobody seems to be interested in doing anything about it.
     
  4. Hope this helps

    Hope this helps Well-Known Member

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    When you find the answer, let me know. I would appreciate knowing the correct answer to such a good quest
    Thats the worst part was no one was willing to do anything about it! Especially solicitors and Barristers because that's their stage. Their reputation and ability to get ahead in their profession and a judge can make it very hard and difficult for them.

    I was willing to do something if anyone told me how. This Judge not only belonged to the same ' men's club' but he and his wife were having difficulties and separated. Judges are humans too. Like every job or professionals, there are good and bad Judges but the majority of them are fair, do have good judgement and go by the law, handling cases with grace.That is, all except one.
     

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