ttmmpp you consented to the AVO, so you really can't complain about that. It's a shame that you wasted your time and money on an appeal against something that you consented to, but there's nothing that can be done about that now.
In relation to the criminal charges, you weren't convicted. That is a good outcome. Congratulations.
When the police have reason to believe that an offence may have been committed, there is a public interest in the accused person being charged so that a court can decide whether they did or did not commit the offence. The police only have to be convinced that there is a case to be met, and when the allegation relates to domestic violence where there are no other witnesses, sometimes the only evidence they will ever be able to get is a statement from the alleged victim. It is appropriate that such matters still be prosecuted, and the evidence tested in court.
In relation to your lost job, it is extremely unusual that someone would lose their job because of a need to attend court, especially if they had worked for an employer for the length of time you had. Why didn't you just take annual leave? How many days did you really need to attend to things? I would have thought at most it would be a couple of days with a lawyer, a couple of days in court?
In relation to the criminal charges, you weren't convicted. That is a good outcome. Congratulations.
When the police have reason to believe that an offence may have been committed, there is a public interest in the accused person being charged so that a court can decide whether they did or did not commit the offence. The police only have to be convinced that there is a case to be met, and when the allegation relates to domestic violence where there are no other witnesses, sometimes the only evidence they will ever be able to get is a statement from the alleged victim. It is appropriate that such matters still be prosecuted, and the evidence tested in court.
In relation to your lost job, it is extremely unusual that someone would lose their job because of a need to attend court, especially if they had worked for an employer for the length of time you had. Why didn't you just take annual leave? How many days did you really need to attend to things? I would have thought at most it would be a couple of days with a lawyer, a couple of days in court?
A shame? I guess you have never been framed up and have never been charged. In short, you have never been in this situation so you'll never understand how it hurts an innocent person that's being framed up. It might be only a story for you but for me, it is reality and brought real harm. I don't know whether you have a lot of experience dealing with police, court and the law system or maybe that is your daily work if you are a lawyer or relate to the system.
However I had no relevant experience in this field. The only solicitors I've ever contacted previously were to purchase properties. I pretty much relied on the advice of the solicitor. Even on the AVO night when the two police knocked the door and pronounced the AVO against me, after the male police looked around my house and while I was packing my stuff he came to me "she might be lying...are you going to defend?"
I said "Definitely I will". However after I consulted the solicitor I consented the AVO without admissions. Why?
Think about it, if you come to me and consult me in my field, I am sure you will follow my mind. Because most importantly you think and trust, I am a professional in a field but you are not. There are a lot of ways I can lead your mind. If I raise 10 good things and 2 bad thing for A, 10 bad things and 2 good things for B and if you've never known about A and B before, what would be your choice? Especially when you recall the police never asked you but gave you an AVO and kicked you out of your own house?
The solicitor told me I'd better not care of the AVO because fighting against police would be like fighting against a stone - meaningless. Since it was already like this I'd better start the divorce proceedings and they can represent me to do this. Until I appealed the AVO I started to know that a person who has an AVO can't work with children and can't apply for gun licence within 10 years..etc. What a shame was it?
I thank you for your congratulations to me that I was not convicted. If I was, you are not surprised, right? So in your mind any person who has involved into this Law System would most likely be convicted, no matter he/she is framed & innocent. And if not, he/she is lucky. It depends on who is playing better rather than facts, who is good at exploiting an advantage, isn't it? Please deep think about it and ask your heart.
I am 100% agree and support protecting public interests, especially protecting the weak including woman and children. But I hope it is not unprincipled or only for political correctness. I hope there would be at least a door open and give a chance to those innocent people though I don't know how many there are. If what I said were all the truth, tell me, where was/is the door?
Lastly, I am sorry if I may have brought any misunderstandings as English is my second language and I am not very good at it. I sincerely thank you for your comments.
It may be a language issue, but I didn't say that it was a shame that you consented to the AVO, I said that it was a shame that you wasted your time and money appealing it (given that you had consented to it). I am no in position to say whether you should or should not have consented to it in the first place (no doubt your lawyer had much more information than I do).
Please don't speculate about whether I am "surprised" that you weren't convicted, or assume that I think that a person who is not convicted is "lucky". I have great faith in the criminal law system. I am not surprised when an innocent person is acquitted of charges that they did not commit.
I said congratulations to you, because you weren't convicted, and because that is a good outcome for you.
There is a "door open" and "a chance to those innocent people". You are proof of that. You were not convicted of the offences you were charged with.
Please don't speculate about whether I am "surprised" that you weren't convicted, or assume that I think that a person who is not convicted is "lucky". I have great faith in the criminal law system. I am not surprised when an innocent person is acquitted of charges that they did not commit.
I said congratulations to you, because you weren't convicted, and because that is a good outcome for you.
There is a "door open" and "a chance to those innocent people". You are proof of that. You were not convicted of the offences you were charged with.
I have read your story with interest and the exact same thing has happened to my brother. Except in his situation, it is far worse. Not only has his ex partner put caveats on his 4 properties, she has also accused him of sexual assault, domestic violence and even 'attempted murder'. He is now serving time in prison and he is not guilty!!!
He was making $4,000 a week in his business. He has lost everything. She is a vindictive piece of work. She sold his work van and bought herself a brand new car. She's also been claiming single mother's pension and family tax benefits for the past 10 years! I informed Centrelink about this fraud, but she has got away with it. Our solicitor informs us that because my brother 'never gave her any money' she had to claim Centrelink to buy her children food.
Police are not being thorough in their investigations and innocent people are locked up in prisons waiting for their turn to tell the truth. He has been on remand since March and it is now August and he has everything stripped from him - even his rights.
The moral of the story - thank your lucky stars that you're not locked up. It could be worse. At least you have the opportunity to start your life again. My brother is going to get 10 years jail time for crimes he didn't commit.
Mate - been there too. Yup, didn't get to see my kids... had to continue paying the mortgage on a house I was not allowed to go near. Fair? Hell no... But slowly I learnt it isn't the system's fault, not the cops or the courts.... It was her fault. She lied, got an AVO against me and I accepted without admission. Bloody horrific to have to stand up in court while people discuss 'violence' and claim I was violent...horrific.
But - I learnt a lesson. I learnt that there is a legal system, rules and strategies, just like chess and if you learn how to use the system You can get a good result... But you have to learn to accept that the system isn't fair, the system is broken but the thing that has broken it is a whole lot of people who use AVO's as strategy to keep kids away from one parent... Happens all the time and that is very very sad. What happens next is all up to how you choose to proceed moving forward.
But - I learnt a lesson. I learnt that there is a legal system, rules and strategies, just like chess and if you learn how to use the system You can get a good result... But you have to learn to accept that the system isn't fair, the system is broken but the thing that has broken it is a whole lot of people who use AVO's as strategy to keep kids away from one parent... Happens all the time and that is very very sad. What happens next is all up to how you choose to proceed moving forward.
If appealing AVO only means wasting time and money why the system allows people to appeal? I made a wrong decision that consented the AVO followed some "misleading" advice from an inexperienced young solicitor (I was her first customer to deal with AVO case and she was not eligible to give advice independently without supervision, I knew these from the appeal) and also this field is something I have never touched before and not familiar with it at all.
So once I wanted to correct my mistake to appeal then I was shame? I tried my best and did what I could do. As for the result it was something out of my control. I am sorry I really can not agree with your logic.
This was like when you and your partner climb the mountain your partner suddenly kick you from your back and you fall down to the valley. When you are struggling to your knees and not clear of what really happens you are around with police prevent you from even asking her why. Then you have to busy dealing with the following police charges while your partner with another guy steal and transfer all your equipment.
I was asking a "door open" and "a chance to those innocent people" to look for a chance in this system to uncover and punish those liars and prevent these frames rather than something like you should be happy with the result because you are not dead and they are happy with no risks and penalties and finally both parties are happy...
I respect your respecting to the criminal law system, me either. But no one system is perfectly perfect. If everyone must accept whatever the system gives you but not allow to raise any questions it can never get improved.
Let me preface this comment with 'every case is different'. Now having said that, the advice you got could well have been sound advice for your situation. We can't tell without all the same facts in front if us which is not appropriate for this forum.
You have multiple people telling you similar things but you are so emotionally invested in what went wrong that you are having difficulty putting it into the past. You are not first in this situation and you will not be the last by a long way. Recommend you call Mensline for some support.
I don't particularly know why you're wanting to go to such lengths to appeal the AVO?
As mentioned in my previous post - Either pursue civilly or move on with your life. I don't know what else you're expecting.
Because the alternative is to have a mechanism where a person can make accusations which cannot be tested or challenged at all,
and that's worse.
Understand this - AVOs are not punishment - they are preventative.
You are not "charged", let alone convicted, by being on the receiving end of an AVO.
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