VIC How Far Back Can I Request Police Reports?

[SamanthaJay]

It looks as though my ex wants to proceed to trial rather than come to a financial agreement.

I am seeking 55/45% in my favour and one of the factors is the years of domestic violence I was subjected to.

The police were called approximately 4 times over the course of our 30 year relationship.

How far back is it reasonable to request police reports. There was one particular incident in 1992 and another in 2007 that I'd like to have the reports available should we go to trial.

 

[Rod]

How far back is it reasonable to request police reports.

I don't know the answer, but was wondering why not just ask for all reports from 1990 onwards and see what they say?

 

[MartyK]

Are you intending to seek leave to subpoena the records? Or do you intend to contact the police directly?

 

[SamanthaJay]

Are you intending to seek leave to subpoena the records? Or do you intend to contact the police directly?

My solicitor has just come back from holiday and we haven't caught up re this latest development so I'm not sure how you go about it. Although now that it looks like I'll have to have a barrister for court, I'm looking to save every cent I can so if this is something I can arrange without paying my solicitor to do, I shall take that option.

 

[SamanthaJay]

I don't know the answer, but was wondering why not just ask for all reports from 1990 onwards and see what they say?

I'll ask about that Rod. Thanks for the idea.

 

[AllForHer]

Were there any charges laid for the domestic violence? Any DVOs in that 30-year period?

 

[SamanthaJay]

Were there any charges laid for the domestic violence? Any DVOs in that 30-year period?

No charges laid. Police left the first time (they came after I called 000 and before I had a chance to speak he pulled the phone off me but they heard the commotion, threats and him trying to pull the baby off me and they tracked the address) after he said everything was fine. This was in 1992 and they weren't really that interested in listening to me apart from asking me if I was ok...

I said yes, and they left. Another time I was driving with him passenger, he rammed the car out of gear, I pulled over to the side of the road and he forced me out of car and drove off. Someone called the police and they picked me up, wouldn't take me home but took me to a motel for the night and said I had to go to counselling, which I did.

The last time, the police (mini van full along with dog squad) arrived 3 hours after I called them after he assaulted me at home. He was very drunk. I hid (rural property), until police arrived. He went to bed and they didn't even go in the house.

I took the AVO out in 2015, a few months after I left as he was sending threats through the kids, ringing my number constantly and when he ran into my mum on the street, he gave her a message for me - death threat.

Without charges, do you think I don't have much hope using this?

 

[SamanthaJay]

Just to add to that incident when they came with the dog squad, they arranged counselling for me again and counsellors called him on the Monday and requested he make an appointment for drug (he doesn't use drugs but is an alcoholic) and alcohol counselling but he didn't even realise the police had been out that night!

The kids were in the house asleep (they had internal locks in the room and would lock the doors when he started his rages plus all the drama occurred away from the house) and the police decided as he was also sleeping, they didn't want to upset the kids by dragging him out of the house.

I don't know if it was a sign of the times but I never felt a great deal of confidence in the police being able to help me out thus they were rarely called. There were many, many, even weekly events in the last year or so of my living in the family home, and times where I feared for my life.

The DV also took place in front of our families and friends. Of course his own family will never speak against him (long history with his father being abusive to the mother and most of the other brothers as well (large family)) but my mother, sister and our own daughter are willing to do affidavits re the DV. He is denying that any DV took place.

 

[sammy01]

I reckon you're barking up the wrong tree. Long marriage 50/50 split. Time off for looking after kids? 5 % increase to you? What is your current earning capacity? What is his?

Look there are lots of factors one way or another and without all those details it is hard to say, but the reason I think you're barking up the wrong tree is that DV doesn't instantly grant a greater %. Have a read.

How is Property Division decided – The 4 Steps | Property Settlement | Marriage, De Facto Family Law

4 police call outs over 30 years? No charges / convicitons? No hospital records? So while magistrate can consider anything he feels relevant - I don't see why he'd consider 4 police call outs in 30 years as grounds to change the asset split.

 

[MartyK]

I believe SamanthaJay has a lawyer sammy and that her position is that of which has been taken from legal advice?

A history of DV, depending on the circumstances, can cause a significant reduction in a persons earning capacity during the time of the relationship and also things like super et al.

Your barrister, when you meet them, will be better placed to give you an idea of how the Courts are deciding cases with similar circumstances to your own. I know of a number of lawyers who consult barristers to combine knowledge and provide clients with more sound advice. A great partnership.

RE: The Police Records/Reports
You may find that some of the reports you have mentioned have not been documented.