NSW Framed by Ex - What to Do?

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ttmmpp

Well-Known Member
29 July 2017
23
2
124
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
Gorodetsky

I don't know what would be "related". If she has planed to frame you up obviously she won't be that stupid to raise something that you were not present. What I really do not understand is in Australia the police can issue an AVO against you so easily only relying on someone's speak and force you to leave your own house without even talking to you at all.

Then "most solicitors will recommend people accept the order without admissions" and you will never be back. Isn't it a system that one can use to frame up another easily?
 

ttmmpp

Well-Known Member
29 July 2017
23
2
124
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.

Is she making all of this up? - Definitely.

I thank you for your help, however, as I mentioned the case has been finished. She didn't come to the court thus there was no chance to cross examine her. "Anyway as there was no witness the police withdrew all the charges against me."

I've spent a lot of time to prepare the evidence of the facts. But "From the beginning to the end I had no any chance to talk about the facts and how it awfully worked on me", "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.".

Your opinion is something I should do in the past. I appreciate your help for what to do in future.
 
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Iamthelaw

Well-Known Member
13 September 2016
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Is she making all of this up? - Definitely.

I thank you for your advice however as I mentioned the case has been finished. She didn't come to the court thus there was no chance to cross examine her. "Anyway as there was no witness the police withdrew all the charges against me.", I've spent a lot of time to prepare the evidence of the facts. But "From the beginning to the end I had no any chance to talk about the facts and how it awfully worked on me", "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.".

Your advice is something I should do in the past. I appreciate your advice that what to do in future.
If the case is over and you're no longer charged with an offence then perhaps its best to move on - What are you wanting to occur in the future?
 

ttmmpp

Well-Known Member
29 July 2017
23
2
124
If the case is over and you're no longer charged with an offence then perhaps its best to move on - What are you wanting to occur in the future?

This has brought huge loss and hurts me. As I said I've spent a lot of money and lost my job because of this. I am now nearly bankrupt and it has extremely affected my health, mental, life...

So...that's it? That's what a framed person can get from Australia law system?
 

Iamthelaw

Well-Known Member
13 September 2016
412
86
794
This has brought huge lost and hurts on me. As I said I've spent a lot of money and lost my job because of this. I am now nearly bankrupt and it has extremely affected my health, mental, life... So...that's it? That's what a framed person can get from Australia law system?
What can one get in another country?

You're wanting some form of compensation I take it?

You may be able to bring an action for malicious prosecution - Your solicitor will be in the best position to advise you on this.
 

ttmmpp

Well-Known Member
29 July 2017
23
2
124
What can one get in another country?

You're wanting some form of compensation I take it?

You may be able to bring an action for malicious prosecution - Your solicitor will be in the best position to advise you on this.

I believe the principle of a law system should be fair. If there are risks, the risks should be equal to each party. It is difficult for me to understand that a person irresponsibly provides a statement to police with no risks and doesn't need to be responsible Normally which will cause the police charges against someone and doesn't
What can one get in another country?

You're wanting some form of compensation I take it?

You may be able to bring an action for malicious prosecution - Your solicitor will be in the best position to advise you on this.

I believe the principle of a law system should be fair. If there are risks, the risks should be equal to each party. It is difficult for me to understand this law system. A person provides a statement to police which may cause the charges against someone but this person doesn't need to be responsible to the contents. Because he/she can simply find some excuses on (not prior to) the court day not to attend the court thus to avoid further checking the details. Obviously there is no any risk for this person no matter whether he/she lies, makes stories and frame up others. How can it be like this?

Meanwhile the police are so easy to charge people only based on someone's statement but without enough investigations. They should at least listen to both sides and verify the facts before making a decision. Police have powers, normal people don't. It is much easier for them to find the facts than a normal person. It seems to be like even if they make wrong charges and bring lost & hurts to an innocent person it is still so difficult for the real victim to claim only the legal fees, not to mention other lost. Besides of that, they are using public resources. No risk on them either.

So the risks & lost only go to the person who is being charged. e.g. criminal record, jail, misunderstanding by families & friends, lost job, legal fees, health...etc.

You may not believe what I said but imagine if my stories are all the truth. The ex made a faked statement, vacated hearing, vacated hearing, vacated hearing, then found an excuse not to attend the court. The police charged me with assaults, vacated hearing, vacated hearing, vacated hearing, then withdraw all the charges. They were more like playing and none of them needs to pay anything for it. If they didn't play in this way to make it extra long time at least I would not have lost my job recently.

I've inquired with my current solicitor. He said I probably can personally sue her in civil law but that would spend a lot of money and may be another one or two years. I have run out of my cash dealing with police charges so I can not afford it.

If the law system is designed like this and no any department or organization can help a bit I guess there is no much I can do further.

Thanks anyway for your help.
 

Tim W

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Rod

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I believe the principle of a law system should be fair.

^^ This is your problem.

Once you accept that the law is not always fair it becomes much easier. Personally I agree with you, but this is not how the criminal justice system works. It works for the majority of cases, but once an innocent party is caught up in the system by inept or incompetent or biased police it is next to impossible to escape without some kind of penalty and it can be emotionally damaging or financially costly, and in some cases results in a conviction. The fact that you escaped without a conviction is bonus.
 

ttmmpp

Well-Known Member
29 July 2017
23
2
124
Assaults in breach of the order?
Or assaults before the order was made?

Ok, let me repeat:

1. The police suddenly gave me an AVO on July and forced me to leave my house because my ex framed me up and said I assaulted her.

2. In Sep my ex provided a statement to police and listed 5 faked assault incidents then the police charged me with the assaults.

3. After that my ex started the property division proceedings and in her family matter affidavit she mentioned a lot about AVO and the police were against me..etc. I believe she thought she may get more benefits from this.