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QLD False Accusation of Domestic Violence - Criminal Charges?

Discussion in 'Criminal Law Forum' started by Needinghelpasap, 27 July 2016.

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  1. Needinghelpasap

    27 July 2016
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    My ex took off with my children and it took me 3 months to locate them. I went to the school but he had been notified by the school when I was on my way and he picked them up, dropped them off elsewhere and went back to the school sitting in a car with his gf waiting to incite an altercation with me.

    I obtained a map of enrollment catchment area in order to locate my children's whereabouts. Whilst looking, I saw my ex watching and laughing. I pulled up behind his vehicle and approached them. They were laughing and taunting me, stating that I will never see my children, etc. I went & sat back in my car crying. He then got out of his car and stood laughing at me, while talking to his gf through the window. He then started walking towards me.

    I then started my car, reversed and pulled out to drive off in order to avoid another confrontation. As I drove past him, he has jumped onto the bonnet of my car and I have clipped the side of her car after freaking out. He made a statement to police that he was outside their car to inspect damage as I had apparently keyed their car as I walked back to mine and that I had lined him up & ran him down & conveniently his gf was video recording from their front passanger seat. They also stated to the police that they were there for the purpose of picking my children up from school.

    I have been charged with contravention of Domestic Violence Order, common assault & wilful damage.

    I have screenshots of messages he sent to a third party that he had already picked the kids up, dropped them off elsewhere and went back to the school to see if I would turn up. He had obtained a Domestic Violence Order before this incident after making false allegations about an incident that he wasn't even present at and lied stating he was there.

    He has since made an application to vary Domestic Violence Order from mandatory conditions to me not being allowed to contact him by any means and not being allowed to approach him, my children or any place they frequent within 100m.

    Can I still be charged with wilful damage as I have collided with their car after him throwing himself at my car causing me to panic? Does the fact that I have evidence stating that he had already picked the kids up and gone back to the location to wait for me change anything? Can he be held accountable for giving a false statement to police in order to obtain a more severe Domestic Violence Order and to have me charged?

    He has been inhibiting contact between me and my children since he took them 8 months ago and is using false allegations about domestic violence to his advantage in order to do this.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
    Likes Received:
    This is really a complex matter. I think you should consider getting a lawyer to get all of your evidence in order and make a case for you before the court to clear all this up.

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