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QLD False Allegations for Domestic Violence Order (DVO) - Get CCTV Evidence?

Discussion in 'Criminal Law Forum' started by maxc, 13 July 2015.

  1. maxc

    maxc Active Member

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    Hello, A DVO ( Domestic Violence Order) has been taken out on me with false allegations. I can prove what really happened, but require the CCTV footage. How do I get the Court or Police to obtain the footage? And the footage is only available for another 10 days until its deleted.

    I'm representing myself. I'm confused about how to obtain this legally for the court.
     
  2. Tim W

    Tim W Lawyer

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    1. It's not an offence to be a person against whom a DVO is made.
      So, put aside your resentment, and don't panic.
      (note however that it can be an offence to breach a DVO)

    2. Who owns the CCTV footage?

    3. The police will not do anything to assist you.

    4. Speak to a lawyer and ask about two things:
      • an urgent injunction preventing the owner of the footage from doing
        the routine/ scheduled disposal; and
      • a subpoena for the footage in respect of either of both of
        defending the application, or, use the footage in any future application
        to lapse the DVO.
    With all due respect, you probably can't do this yourself, in the available time,
    I strongly recommend speaking to a lawyer as a matter of urgency, and
    no, you probably won't get Legal Aid for it.
     
  3. maxc

    maxc Active Member

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    Thanks Tim. The footage is held by a car wash company and they asked me to privately view it, which i did. They informed me that ONLY the police can retrieve the footage. I understand breaching a DVO is an offence. And thanks but im not panicking yet lol. This person has a long history of false allegations against me, my primary goal is to seek vexatious litigation against her and preventing this from happening again without substantial evidence. Thank you Tim
     
  4. Tim W

    Tim W Lawyer

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    That's useful, but if they destroy it, then it's no help.
    You'll probably need an injunction to stop them.
    That might be company policy, but it isn't law, even in Queensland.
    If you subpoena it, they will have to hand it up.
    Without one, you'll be nowhere.
    Welcome then, to the informed minority.
    Good. Most males against whom DVOs and like orders are sought usually start with resentment and then move to anger. It's a loss of power and damaged pride thing.
    Your lawyer should try to get that before the court at the time of the application.
    Chances of that? Minimal.
    At risk of sounding discourteous, "that's what they all say".
    I don't like your chances. Genuine findings of being a vexatious litigant, especially in the context of domestic violence, are fewer and further between than you might think.
     
  5. maxc

    maxc Active Member

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    Once again thank you Tim. I took a few hours off work and went to the courthouse where the matter is being seen to. I filled out formDV 22 and DV 22a. which are Supoena forms and authorisation to Supoena. The magistrate approved it in about an hour due to its urgency. So that's one hurdle conquered alot more to come. Once again thank you very much for your professionalism.
     

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