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QLD Ex Uses Drugs - What Happens if There's a Search Warrant?

Discussion in 'Criminal Law Forum' started by Ali sang, 19 May 2016.

  1. Ali sang

    Ali sang Member

    19 May 2016
    Likes Received:

    This is my first time posting and I'm hoping personal and professional experiences of others might be able to help me with my concerns. Shall get on with it shall I?

    My ex-partner is a methamphetamine user but has only become a user in recent months since our separation. We still reside in the same house together as we have a young child together and I have 2 more children from separate relationships. I'm completely clean and sober myself and have never been a user of any illegal substances and have been very careful and protective over any possible exposure of such things towards my children.

    I have had many arguments about him removing it from the family home and environment if he refuses to quit it completely to no avail. I have attempted to have him removed from the house himself until he is sober as it poses too many risks to the kids. He is not aggressive or negative to the kids ever but I'm the one who cops the come-downs along with the financial burdens so he can maintain his habits.

    I myself cannot take the kids and move away from him due to issues involving my other children and finances. I have become intensely concerned lately as I've noticed our neighbours becoming suspicious due to his constant activity (seeing as he doesn't sleep for up to 5 days sometimes) and coming and goings at all hours of night and mornings and since then I've also noticed an increased number of slow police patrols past our house in the last 2 months though we haven't been approached. Neither of us have any criminal record.

    I'm wondering what happens if there is surveillance happening from a tip off, etc. What would happen to myself and the kids in the result of a search warrant? As there is a criminal charge for having drugs in a residence and I'm on the lease even though I'm not a user? Can I request drug testing, etc. on myself to prove this?

    I'm worried that I could potentially have the kids removed from care due to his use. I've thought about approaching the police and asking these questions but I don't want to draw their attention anymore if they are doing surveillance of waiting for a warrant. I've received very little local support and am wanting to be prepared for him to be caught and protect myself and the kids from any negative repercussions.

    Is filing for a protection order basically my only option? I don't want to damage any family relationships.Can anyone possibly help me on if/what could potentially happen and how I can put protection measures in place?

    I'm a very worried and angry protective mother.

    Thank you!
  2. Michael T

    Michael T Well-Known Member

    9 April 2014
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    It sounds like measures are needed on a practical, not just a legal level - and the priority is your safety and the children's safety. I think you would benefit from speaking with the Women's Legal Service Queensland at first instance How we help - WLSQ
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