TAS False Charges of Assault - What to Do?

Discussion in 'Criminal Law Forum' started by Sproutsx3, 6 July 2018.

  1. Sproutsx3

    Sproutsx3 Well-Known Member

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    Early this year, my partner assaulted me. I disproved his lie that I was drunk by demanding police breath test me (to try to get them to see he was lying, obviously I wouldn't have done this if I wasn't 100% factual). I then had to disprove his statement that I was an overnight guest where, in fact, I had been living with him for 6 months, and once I proved this a week later police accepted the status of a significant relationship and charged him.

    A month later, he went and did a statement lying again saying I assaulted him first and police charged me. Devastated isn't a word that covers this. I gather this is going to be his line of defence, that I assaulted him first hence he punched me, as no one can deny my injuries. This is the brief background information.

    My question is: I was charged under my prior married name that I have retained since divorce before meeting this new RN partner. I have used this married surname for 23 years. My bail notice is in my married name.

    When I went to court over his false charges, I am not listed under my married name but my maiden name that I haven't used for 23 years. I have no idea how this has happened as I don't refer to myself via maiden name.

    How has this happened?

    How am I being called to court via a name I don't use, and this name not on charges/bail summary? Can this technicality throw it out?

    I'm hating fighting his lies. It's worse than his assault.
     
  2. Sproutsx3

    Sproutsx3 Well-Known Member

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    Can anyone provide an answer for me?
     
  3. DMLegal

    DMLegal Well-Known Member

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    No, it is likely the listed name was based on the name provided to Police by the Complainant and either way, it would certainly not get the charges thrown out. If you fail to appear because of the name issue it is likely a bench warrant would be issued and you would be brought before the Court where the mistake would be rectified quite easily. Then the case would continue as normal.
     
  4. Sproutsx3

    Sproutsx3 Well-Known Member

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    No. The liar wouldn't have used my maiden name as not what he used. I haven't used it.

    Arrest done in married name. Bail in married name. Court listed in maiden name. Weird.

    I wouldn't not turn up. I just wondered how police can process everything under married name but court is the only thing that is using maiden name.

    Thanks though.
     
  5. DMLegal

    DMLegal Well-Known Member

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    Apologies, I partially misunderstood your question. I think there are a few current or former Police officers on here which may be able to shed some light on the access Police have to records, however I would assume something such as your drivers licence may be the reason. Best of luck fighting the charges.
     
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  6. Sproutsx3

    Sproutsx3 Well-Known Member

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    Drivers license married name .Everything has been in married name since 1994. Divorced but never changed from my married name.

    There isn't a document in the last 24 years that's not in married name.

    I never refer to my maiden name and most people I associate with don't even know it as I don't refer to it.

    It's just weird. But everything about my domestic abusive ex has been weird.

    Thanks heaps. Have a fantastic weekend.
     
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