VIC False Statements and IVO - How to Pursue This?

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beanie

Well-Known Member
20 July 2015
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Hi all,

In my understanding of common law, a person will commit perjury I
If he/she can be proven beyond reasonable doubt that:

One – the accused made a false statement.

Two – the accused made the false statement [under oath / on affirmation].

Three – the accused made the false statement in a judicial proceeding.

Four – the statement was material to the judicial proceeding.

Five – the accused knew that the statement was false, or did not believe that it was true.

I am currently in a IVO (Intervention order) case with a crazy ex (3 IVOs against me). No children involved so straightforward. He and his parents (whom I don't know) went to police to file a complaint about me. A police investigation, 3 IVO has been filed based on a few material "facts" made in the statement by them under oath in court.

I have hard evidence of transcripts of our sms and instant messages notes to prove that the ex knowingly lied about a number of key facts and knowingly misled the police on a couple of others to make his case against me. To make it more interesting, his parents case also have the same evidence even though I don't know them from a bar of soap so the duplicate of false statement actually emphasises the ex's intention to lie and misled. My evidence are fairly watertight and in worse case if the court subpoena both our phone records and my customs and immigrantion records (time in and out of country) the evidence will be beyond reasonable doubt.

So 1,2,3 and 5 are fulfiled. How do I pursue this as I hold in my hands evidence of his perjury in his attempt to indict me. We are seeing each other in family court but perjury is criminal. Do I go back to the same police who investigate me to present to them the evidence of his perjury? How would I know they will investigate it thoroughly?

Any insight will be appreciated
 

Sarah J

Well-Known Member
16 July 2014
1,314
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2,389
Melbourne, Victoria
Hi Beanie,

Perjury is a serious allegation. While you have quite a bit of evidence against your ex, this evidence may not be as credible or reliable under examination. So it is best to have a lawyer represent you, or at the very least, advise you, on the merits of your allegation. As a preliminary step, you should speak with your local community legal centre.
 

Ian Curtis

Well-Known Member
7 December 2016
54
2
199
I know it was years ago but can you please say how you fared with your ex filing the IVO with lies? Did you pursue the perjury angle? I ask because a dear friend is going through similar.
 

sammy01

Well-Known Member
27 September 2015
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I don't thking the OP will come back.
But I'll give you my perspective. AVO's are granted on the 'grounds of probability' that the accused my continue to harass. Basically pergury doesn't exist.
 

Ian Curtis

Well-Known Member
7 December 2016
54
2
199
I don't thking the OP will come back.
But I'll give you my perspective. AVO's are granted on the 'grounds of probability' that the accused my continue to harass. Basically pergury doesn't exist.
Thanks. My friend has an interim AVO on him. What if the AVO fails because it was based on lies? Still no perjury? Seems like a flaw in the law that allows people to abuse/weaponise AVO's.
 

sammy01

Well-Known Member
27 September 2015
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yup. guilty until proven innocent. I'm sure you've noticed that there is lots in the media about female victims of DV.... Fact is most DV happens behind closed doors and is often hard to prove. The theory being women are scared to report because they might not be able to adequately prove there was violence... No witnesses - Dv sometimes is more emotional abuse, so not even any scars etc etc. So crazy land has decided it is better to assume everyone is guilty and the politicians sound great because they are protecting women... The result being lots of men getting AVO's which then 'proves' that there is a problem, which then means more funding for these crazy women's support groups. HELL - even mensline will tell you that as a male you are at fault.

Meanwhile - it become state sanctioned removal of father's from kids lives. 3 men top themselves every day in Australia AND think of all the failed attempts at suicide and how much that costs especially when the failed attempt leaves the victim unable to work / function. Much bigger social problem but we hear nothing about it.

Sadly, my advice is accept the avo without admission. Especially if there are kids invovled... Your friend could fight this thing. It will cost thousands of $$ meanwhile the woman will have legal aid and the police prosecutor running the case. Hell, I know one case where the guy got the avo dropt. BUT it took 15 months. All the while there was an interim avo. If he had NOT fought it and accepted it without admission, it would have ended in 12 months hence been over faster.

Accept without admission and if there are kids involved spend the $$$ in family law fighting for kids. Don't worry, AVO's are so common in family law that it wont harm his case unless he breaches the avo.

I hate my advice sometimes....
 
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Atticus

Well-Known Member
6 February 2019
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I agree with @sammy01 except the part about accepting without admissions especially when children are involved.... I would say IF the IVO includes your kids as protected persons, then unless there is absolute clear grounds to justify it, then don't accept without admission .... If there are no children involved & the IVO has no direct impact on your life, then AWA.
 

Ian Curtis

Well-Known Member
7 December 2016
54
2
199
There are no kids involved. This is not an ex. It is not even anyone he has communicated with in years. The last time she saw him was when he was across the road observing a small public protest she organised. There were police present whom she could have asked to intervene if she was fearful as she claimed to be. There were plenty of surveillance cameras too.

It is lawfare to politically discredit him because he runs a rival NGO. If the magistrate had checked the Facebook post she claimed to be "inciting violence and hatred" to make her "fear for her life" he would have seen it is rubbish. But I think she is well connected.

BACKGROUND:

She had posted accusations of stalking and threatening behavior. He merely has denied the accusations publicly in his own NGO Facebook group and stated he has served her and another person in her group for defamation (he will spend about $100k on that). He cannot get media coverage for his group because leading journalists in the field are female as well.

So in the meantime, her defaming continues and he is not allowed to deny it publicly. "Accepting without admission" would continue this asymmetrical gagging so it is obviously not an option.

In fact he refused to abide by the gag order and posted a matter-of-fact statement to his group about what has happened, without making false statements (let alone threatening or "inciting violence or hatred" as she claims). She noticed and called the cops to arrest him for breach of the gag order. He wasn't home so they left a card. He rang and the relevant cop wasn't it. Nobody called him today (Monday) so maybe the cop can smell her bulls**t.
 
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Atticus

Well-Known Member
6 February 2019
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he refused to abide by the gag order and posted a matter-of-fact statement to his group about what has happened, without making false statements (let alone threatening or "inciting violence or hatred" as she claims). She noticed and called the cops to arrest him for breach of the gag order.
So is the suppression order a condition of the Personal Safety Intervention Order or a separte order? .... If it's a condition of the PSIO, then your friend can expect that the cops WILL follow it up... He should be very cautious about being provoked into doing something that breaches the PSIO as that will be what brings him undone, whether the PSIO is justified or not, breaching a condition is a criminal offense.