NSW Framed by Ex - What to Do?

[ttmmpp]

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.

Sorry to hear the story of your brother. Yes, that sounds to be far more worse than my case if what you said are truth. I hope a good luck to your brother and finally he can get the fair. Can I ask a question please? As you said you "informed Centrelink about this fraud, but she has got away with it". How did you know the information she had got away with it? I also reported to Centrelink about the fraud through online that my ex hided the properties under her name, hided her marriage status and said he was renting somewhere like more than $500 per week to claim the benefits. I didn't know the details as she didn't tell me much but she has mentioned a bit of it previously. I hoped Centrelink could do some investigations however when I called the Centrelink they said they won't tell any progress about that. Thus I don't know whether they have done the investigation and what the status is. Anyway to know about that or I am not allowed to know? Thanks.

 

[ttmmpp]

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.

Yes, there are a lot of lessons I learnt from the case and I am still learning. The pay was huge, not only the money, most importantly the psychic trauma which will be along with me whole my life. In some circumstances "the villain sues his victim before he himself is prosecuted" but not everywhere there is a counter system. I think you are right, we do need to move forward and to be smarter.

 

[ttmmpp]

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.

The purpose I came here and told my brief story was to look for some advice that what I should do in such a situation. I was afraid I misunderstood or somewhere I didn't know about the system that there could be a way inside the criminal law to counter the frame. Thus I discussed a bit more to make myself be more clear of it. e.g. can I go to police and tell them the truth and would they care of this... So far there seems to be no way in criminal law system but in civil which I cannot afford. I think I'd better move on. Thanks for the info of Mensline.

 

[ttmmpp]

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 before appealing I didn't know it was so difficult and I was not allowed to talk about the AVO facts. I was to appeal the AVO itself and didn't expect to appeal the consent. I thought the appeal was to against my ex based on the facts but it was actually against my previous solicitor why I consented the AVO..that was not my purpose and I didn't understand why the rules worked like that.

I've run out of my money on police charges thus I can't afford civil. My ex used police as a free tool to against me but there seems to be no way in the same system for me to counter. I think I'd better move on. Thanks.

 

[ttmmpp]

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.

AVO - Apprehended "Violence" Order.
AVOs are not punishment - Unfortunately most law non-professionals think in different way. They believe someone who gets an AVO must have done some "violence" and the non-professionals are lots lots more than those professionals. This is even worse than some real "punishment" on the person. In your environment you may think this is something normal just like a doctor thinks a disease is normal because he is always revolved around by those patients with this disease however you may meet none or even never heard about it all your life.

 

[ttmmpp]

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.

In fact the AVO does affect people much and it is not only the preventative. A person who has an AVO is not allowed to work in a position relates to children, is not allowed to apply gun licence, is not allowed to enter some countries or somewhere. That was what I heard from during appealing process. The first young solicitor didn't tell me at all!

If "have a mechanism where a person can make accusations which cannot be tested or challenged at all" is worse. What about a mechanism that a personal can just provide a statement which cannot be tested or challenged at all but the police can charge another based on this statement and give no chance to test or challenge it?

 

[Tim W]

What about a mechanism that a personal can just provide a statement which cannot be tested or challenged at all but the police can charge another based on this statement and give no chance to test or challenge it?

But you can.
In theory, it is possible to show that an apprehension of violence is not in fact reasonable.
Refusal of orders does happen, albeit not that often.
Taking out an AVO is also part of standard police procedure in DV matters these days.

 

[ttmmpp]

But you can.
In theory, it is possible to show that an apprehension of violence is not in fact reasonable.
Refusal of orders does happen, albeit not that often.
Taking out an AVO is also part of standard police procedure in DV matters these days.

You meant AVO? Yes, I should not have consented it but it happened. And once you loose the first chance there will be no way to correct it.
I can't see a mechanism to punish and overawe those who try to use the public resources as their own private tool to against others.

 

[Iamthelaw]

I can't see a mechanism to punish and overawe those who try to use the public resources as their own private tool to against others.

There is, as mentioned in my previous posts:

- Malicious prosecution
- In NSW, there is also s314 Crimes Act.

You should move on from this. From what you've advised, you were acquitted of the criminal charges, all you have is an AVO - Which is considered a civil matter until you breach it.