QLD False Convictions Of Domestic Violence

[Logman]

Hi,
I was falsely convicted of Domestic Violence, against my former Wife, due to evidence not being submitted by my Lawyer.
I have indisputable evidence that I am completely innocent, however, prior to entering Court I was advised to plead guilty. I was not prepared for this and out of shock I followed my Lawyers instructions. I am aware that you cannot appeal a plea of guilty.
I received an 18 month probation order. Court was last week.
I am so strongly opposed of violence in any form and being convicted of such an offence is extremely distressing for me.

I also have a trial commencing next month in which my former Wife will have to give evidence under oath for another matter. Whilst she has previously lied on affidavits, evidence will be presented in which she will not be able to lie and will prove that she has previously lied on her affidavits. It's very complex and confusing, so I hope I am providing enough explanation, without going into absolute detail.

My enquiry is this: When my former Wife is found to have lied on her affidavits, during next months trial, in which I was convicted on, can my conviction be overturned without having to lodge an appeal?

 

[Tim W]

No.
An appeal is how you get convictions overturned.

Further, each trial is a separate matter, and there is no automatic cross-referencing from one to another.

 

[Logman]

Hi Tim,
Your advice is invaluable and I thank you extremely.
As I only have 4 weeks in which to lodge an appeal and time is running out quickly, as are finances, if during the Trial, which commences on 1st of November, I am found to be completely innocent of all charges of Domestic Violence can I appeal to have the charges overturned or am I out of time and the DV charges and convictions remain against my history?
I have the evidence to prove that I am completely innocent, but I cannot afford to keep going back to Court and it would be negligent on my behalf to represent myself.
I really don't want any contact with my former spouse, I just want to prove my innocence and be able to have a healthy and wonderful relationship with my Children again. I have had no contact with my Children for over 3 years due to her continuous lies about Domestic Violence.

Kindest Regards and Thankyou for your Proffesional Advice

 

[AllForHer]

Wait, what's going on here?

What's the charge? Assault?

Or is the other person just seeking a domestic violence order?

 

[Logman]

Wait, what's going on here?

What's the charge? Assault?

Or is the other person just seeking a domestic violence order?

Definitely no assault. I was charged and convicted of sending her " 24 text messages a day which were allegedly abusive and threatening. I have submitted all text messages ever sent to her to my lawyer, however they failed to submit theses during my trial. The most I ever sent her was 8 in one day and the average was less than 1. All text messages were in relation to our Children. When I would pick them up etc. for my Court allocated time with them.

 

[Logman]

What I don't understand is that she has never presented any evidence and the Judge has just believed her "word"
Yet I have evidence that proves that she has lied and my Lawyers never presented it?
They refuse to respond to my emails as to why they never presented it and have charged me over $3000 for 30 minutes in Court and I came out with a conviction, of which I am innocent and can prove my innocence.
I could never, and would never harm anybody in anyway, yet I am convicted as a Wife abuser.
I loved my Wife and never, ever harmed her in anyway. I came home from work one day as an Executive Manager and found that she had left and cleaned out the house of furniture.
Two weeks later she had me charged with Domestic Violence and then commenced action to sell our house which I paid for.
I have lost everything including no contact with my beautiful children (13 & 14) for over 3 years.
I Love and Miss my Boys so much!

 

[Clayton1508]

Hi Tim,
Your advice is invaluable and I thank you extremely.
As I only have 4 weeks in which to lodge an appeal and time is running out quickly, as are finances, if during the Trial, which commences on 1st of November, I am found to be completely innocent of all charges of Domestic Violence can I appeal to have the charges overturned or am I out of time and the DV charges and convictions remain against my history?
I have the evidence to prove that I am completely innocent, but I cannot afford to keep going back to Court and it would be negligent on my behalf to represent myself.
I really don't want any contact with my former spouse, I just want to prove my innocence and be able to have a healthy and wonderful relationship with my Children again. I have had no contact with my Children for over 3 years due to her continuous lies about Domestic Violence.

Kindest Regards and Thankyou for your Proffesional Advice

I am in the same situation.what about men abuse