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NSW Framed by Ex - What to Do?

Discussion in 'Criminal Law Forum' started by ttmmpp, 29 July 2017.

  1. ttmmpp

    ttmmpp Well-Known Member

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    Is Australia a country who can easily frame up another with zero cost and without responsibilities?

    One Friday night on July 2015 when I finished my work and got back to my house, my ex-wife said she was going to fill the petrol then drove the only family car away at around 8pm. She didn't come back so I called her at 9pm but she didn't answer the phone

    At around 10pm, two police knocked the door. They pronounced an AVO against me and forced me to leave my house within a very short time. I didn't have a car so I left my house with only 3 small shoulder bags. The two police monitored me from the beginning to the end when I was packing my personal stuff and they refused me to take any valuable stuff.

    When I checked in at a hotel, I called her parents but strangely none of them picked up the phone. I had a feeling that I was framed up. I went to see a solicitor on Saturday. The solicitor was a young lady and she advised me to accept the AVO without admissions because most of the people would do that to save the legal cost and reduce the risk. Even if I win, I still can't go back to my house and I still can't contact my ex-wife through anyway. Otherwise I may have another AVO from her. And if I fight against the AVO I would have risks to have criminal record, even if there is only 1% of the chance it is still a risk...

    After two weeks, when the mention day came, I accepted the advice from the solicitor and consented the AVO without admissions. I was really afraid of what the solicitor said about the risks because the police just kicked me out from my house without asking me any questions before that. The mention day was my birthday and I was so upset. What a birthday gift it was!

    Then I found the below facts:

    - From the history records of one of my online account I found she was trying to purchase some erotic lingerie only a few days before the AVO day.

    - Recalling from my memory those days, she always came back home soon after I arrived home. She didn't work but most of the times when I got home she was not there and after a few minutes she was back. Sometimes she was at home when I came back however when I passed the car I felt it was warm which means she just came back. When I asked her whether she went out she said no. Then I suddenly got the AVO.

    - I finally found out that she cheated on me. I got the AVO on July and in August she drove the only family car to Queensland Gold Coast with another guy and they rented an unit in a luxury building toward the sea with the rental around $700/week. They were found to purchase the furniture together and lived in that unit together

    - From her bank statement (provided in family matter) I saw her transaction to a hotel in Las Vegas.

    - She used to live with her ex-boyfriend for years and granted the migration Visa by De Facto Marriage then she issued an AVO against her ex-boyfriend

    - The house that I purchased and paid more than 80% was transferred to her own name thus I won't be able to go back. The legal firm that did this transferring became her family solicitor later.

    - She refused me to apply the loan when we purchased the house so the loan is under her own name. She didn't not work and had no any income at all but she finally got the loan successfully. I believe she provided faked document when she applied the loan.

    - She cheated the council and built the boarding house (7 rooms). She rented out all the rooms and got all the rental into her pocket. On the other hand I have to pay the extra loan because I did refinance from other properties under my name and put all the money into the house.

    - She mentioned previously she cheated the CentreLink and hided the properties under her name to get the benefits. But I didn't have evidence of it.

    I realized I made a mistake to consent the AVO even without admissions. I decided to appeal the AVO. I changed the solicitor and appealed the AVO. But the new solicitor told me that I couldn't talk about the facts of AVO because I the appeal was to against my previous solicitor not the AVO. If I mention the facts I would be failed. I really don't understand how the law system works.

    The appeal was so difficult and finally the appeal was failed because I have consented it even though I was advised during the court that I was the first customer of my previous young female solicitor to deal with AVO matters and she was not eligible to give advice independently without supervision.

    After a while the police charged me because my ex-wife provided them a statement.

    My families and friends misunderstood me and they thought I "must have done something" or otherwise why I consented the AVO, why the appeal was failed and why the police charged me. I really felt unwell of that. They didn't understand the Australia Law system. They didn't understand the police gave an AVO against me without talking to me at all. They didn't understand when appeal I was not able to talk about the AVO facts. They didn't understand the police charged me so easily only based on a statement and no further investigations.

    I had to spend a lot of money, time and energy to deal with the police charge. I had to frequently go to see solicitors, hire barrister, prepare evidence and documents, find witnesses...etc. The high pressures have brought me very bad affections and awfully effected my normal life. I had to see psychologist and take a lot of drugs & sleeping pills.

    This has lasted two years and there were totally 3 times hearings arranged but every time my ex-wife and the police were trying to vacate the hearing.

    The first hearing was on Sep 2016 which was after one year I got the AVO. As it was the first time vacation application my solicitor advised me to consent it to save my cost otherwise I would spend more money to fight against the vacation.

    The second hearing was on Jan 2017 and their vacation was refused. So she had to attend the court however the proceeding was very slow and soon the court was going to be closed. My barrister only had limited time to ask her a few questions and obviously she lied and made stories but unfortunately no enough time to go further.

    The third hearing was on June 2017 and they raised the vacation again. Finally she didn't come to the court after the vacation was refused. The police said she sent an email in the morning on that court day said she was unwell and was not able to come to the court because of the assaults on the AVO.

    That was interesting, it was already two years since the AVO and she was able to go to Las Vegas but was not able to come to the court. More interestingly neither the police nor the judge has raised any suspicion on her obvious lies. Anyway as there was no witness the police withdrew all the charges against me.

    I was entirely framed up and from the beginning to the end I had no any chance to talk about the facts and how it awfully worked on me. I spend a lot of money and lost my job because of the charges. I have been working in a company for 9 years however no any business would allow the employee to frequently go to see solicitors, go to court and work with pressures outside of the work.

    And I was not able to claim the money back from the police. When my solicitor raised the claim on the court the judge said because the witness didn't come she won't be able to know whether the assaults were true or not. This was ridiculous. No one really cared about the facts and all the time & money spent on processes.

    My ex-wife used the police as a tool and spent zero cost to frame me up with no any risk. The police spent public resources to help her to charge and gave huge hurts to an innocent person. I got huge lost on my money & time & health & job again and again.

    Finally my ex-wife has achieved her goal under the help from police. I do not have any money, energy to go on with family matters. I have spent more than hundred thousand dollars so far and besides of that, my properties have caveat and can't be sold. If I apply to sell I will have to spend more money to fight against it and will have another long process again from Mention...to Hearing...etc.

    I used to have a wife, a good job, properties and cash. I now have run out of my money, lost my job, have huge loan to pay that I can't afford at all. Only one night everything changed.

    All these caused by the frame-up from my ex-wife and the AVO & criminal charge from the police. I was told that she doesn't need to pay anything and no any responsibility of this because it was the police charged me not she. I was told that if I fight against police it would be almost impossible to win.

    I really do not understand the Australia law system. It gave me a strong feeling that the whole law system, the police are protecting and encouraging such kind of liars and easily against an innocent person and won't care of any facts.

    So...what should I do? I do need your help please and I really really appreciate your help.
     
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  2. AnthonyC

    AnthonyC Well-Known Member

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    The answer to your question is: Yes.
     
  3. ttmmpp

    ttmmpp Well-Known Member

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    So disappointed...
     
  4. Tim W

    Tim W Lawyer
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    So what's the actual thing that has happened here?
    Your wife has left you, and she's gotten an AVO to keep you away?

    Let's be clear - if the only thing here is you are is the respondent in an AVO
    (that is, the person being restrained by the order),
    then you have not been charged with anything.
    It is not an offence to be on the receiving end of an AVO,
    although it can be an offence to breach the conditions of the order.

    Is it therefore possible that you have not been "charged" with anything?
    And I rather doubt that you have been "framed" for anything either.
     
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  5. Tim W

    Tim W Lawyer
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    This statement is not reliable.
     
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  6. AnthonyC

    AnthonyC Well-Known Member

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    That's exactly the sort of thing you might say....
     
  7. ttmmpp

    ttmmpp Well-Known Member

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    As I mentioned I was charged by police. My ex provided a statement to police and listed 5 so called "incidents". However those 5 incidents were all faked. She made those stories - the first incident was in 2009 and the last one was in 2015. If you doubt that I have been "framed" for anything please seriously consider below facts:

    She twisted her ankle in 2013 and after 2 years - just before 2 days I got the AVO she took an x-ray and provided it to police later as an evidence that I "assaulted" her.

    The night before AVO day she came back very late with her hands empty but she said she went shopping. Then she "borrowed" my portable hard drive which stored all my personal important materials include photos, videos, documents, bills, financial statements, letters, scans..etc. The hard drive has never been returned to me. I applied to get my personal belongings but was refused because I need to show evidence to demonstrate I used to have those belongings and they belong to me.

    Just on that AVO day around 11:00 am she went to see a psychologist said I kept assaulting her during the past years. Then the psychologist called the police. When the police came to her she showed her "bruising" on her "upper arms". Just on the night before AVO when we went to bed those "bruising" were definitely not there. I have no idea how those "bruising" were made and by who.

    On that AVO day I left my house for work at around 8 am and arrived home at around 7:40 pm. When I was back she was not there but soon came back after around 5 to 10 mins. Then she said she was going to fill patrol and drove the car away.

    10 pm two police came in, pronounced an AVO against me and formed me to leave the house. As I didn't have a car I left all my valuable stuff in the house but could never go back.

    I purchased the house and paid more than 80% but my name was removed without my acknowledge. Strangely this legal firm became her solicitor for family matters. I have argued with them and raised a complaint to law society however the process was really slow. It was even suspended later. They told me I can raise this in family matter and they will wait and see the family matter results. It was already two years and I was advised the family matter may take another two years!!!

    There are a lot more details that I can demonstrated why and how I was "framed". I don't want to mention too much here but I would say I am responsible for every single word I have said.

    She is not a simple woman as you can imagine. She dares to cheat police, council, Centrelink, bank, court... because she could always get benefits easily from those cheating and she always achieved it successfully. If I was not framed what would be the purpose I typed so many words and spend time here? How if all I said are truth?

    I really hope I can get some valuable advice and I thanks very much for that.
     
  8. Gorodetsky

    Gorodetsky Well-Known Member

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    Hi ttmmpp,

    I'm not a solicitor.

    In NSW, it's a criminal offence to knowingly make a false report to police.

    CRIMES ACT 1900 - SECT 307B False or misleading information

    If your ex has listed 5 false incidents you might be able to prove she knowingly lied to the police in one of them.

    For example if you can prove you were not present when she says you hurt her ankle.

    But your current situation is not to prove she has lied, but that you ought not be restrained with an AVO. I gather most solicitors will recommend people accept the order without admissions.

    If you want to fight this, I think you need a solicitor. The stuff you raise...coming back from shopping empty handed, for instance, can be easily explained: she decided not to buy anything. Even raising this makes you seem controlling, and that can be a flag for DV.

    The arm bruises...did you inspect her arms ? Who inspects their wife's arms? I might notice if she has a bruise, but I do not notice my wife is bruise free. I'm guessing the psychologist did inspect her arms if they called the cops about that.

    Lots of stuff you raise doesn't seem particularly relevant too...the HDD for example. Your wife borrowed something and hasn't yet returned it, better get used to that.

    Suggest you go see a solicitor and follow their advice.

    Regards
     
  9. Iamthelaw

    Iamthelaw Well-Known Member

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    What you've described are allegations eg, she alleges you have assaulted her etc. Every day there are allegations made against people and between parties. After all, if there were never any allegations made against people, in short, there wouldn't really be a need for the court system.

    Is she making all of this up? Possibly, wouldn't be the first time.

    There's so many issues at play here (charges, avo, family, property etc) that you need to seek proper legal advice from a solicitor. I mirror @Tim W 's comments regarding AVOs. If you have also been charged with an offence or a number of offences, the standard course of advice would be to consent to the order with no admissions.

    As mentioned, this does not result in you having a criminal record, unless you breach the terms of the order. Your solicitor or counsel (should they be briefed to appear) will then go about contesting the charges for you, should you decide to contest them. Again, your solicitor, after carefully reviewing all the facts and evidence will be in the best position to advise on whether you should contest them or not. Should you choose to contest the charge/charges they will of course, in part, cross examine her in an effort to disprove her version of events.
     
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  10. Tim W

    Tim W Lawyer
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    Charged with what?
     
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