QLD How to Disprove Emotional & Psychological Abuse Allegations?

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Migz

Well-Known Member
20 November 2016
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Hi all,

Does anyone have any suggestions on how to go about (or call into question) disproving alleged "Emotional & Psychological Abuse"? After all my searches on Google, it seems to be that once the ex has labelled you as carrying this out there appears to be no actual way of clearing your name.

My only thought is to subpoena her medical records and see if she has actually carried out a "mental health plan", or has been given a prescription for any "mental health" conditions...

Any other ideas?
 

Jake Matherson

Well-Known Member
15 June 2018
224
29
659
Not sure if entirely helpful but i'll throw it out there for you anyway.

Every man and their dog has a mental healthcare plan. As part of my case I got one so that I didn't have to pay full price for a bunch of courses they wanted us to do. Spoke to the GP and he knocked one up for me despite me not having any form of mental problems.

My Ex's pre-existing Mental health care plans do say some serious things but all that I have been able to do with this information Is use it in my affidavits to show her depression, anxiety etc.... But that seems common for everyone now days also.


What has helped me is the following:
On top of the usual Family Report that appears to be dished out to everyone for our matter we were also required to undertake a Psychiatric assessment.
1 - 1.5 hour interview with each party then they write up a 40 odd page report informing the court of you mental ability/capacity past, present and future.

They look over all of the material presented to the court and and are able to get into the persons head and cut through all the lies and crap they might tell.

Cost would be about $3,000 per report that would be shared by the parties if you're not able to get legal aid to fund it.

If you have an ICL the trick would be to get them to request the assessment and then it's likely it will be paid for.

I understand this might not be of direct use to you in this situation but it might help someone. The psychiatric report was GOLD for me and my case whereas the original Family Report we had done wasn't worth the paper it was written on.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
You deny any abuse occurred and get her to prove it.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
You don't have to disprove anything.
Just saying stuff, no matter ho emphatically, doesn't make it true.
The onus is on the person making the claim to show that it is,
more likely than not, true.
 

Emmafal

Active Member
23 June 2019
10
0
31
Hi if someone claims they have reported me to Victoria Police for emotional abuse which I am shocked to hear. How can I find out if it is true or not.
 

sammy01

Well-Known Member
27 September 2015
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If the cops took it seriously they would have been knocking on the door within 2 days. Sure someone might have reported you, but the cops don't act on every complaint that is made.
Mate back in the day, my ex would call the cops if should could not find her car keys, she was adamant I'd broken into the house and taken them... Like I said, if the cops think the claims are valid they will call you / or come visit. If that happens be nice to them. Poor coppers, they joined the cops so they could put baddies in jail. They don't wanna deal with this s**t.
 
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Emmafal

Active Member
23 June 2019
10
0
31
If the cops took it seriously they would have been knocking on the door within 2 days. Sure someone might have reported you, but the cops don't act on every complaint that is made.
Mate back in the day, my ex would call the cops if should could not find her car keys, she was adamant I'd broken into the house and taken them... Like I said, if the cops think the claims are valid they will call you / or come visit. If that happens be nice to them. Poor coppers, they joined the cops so they could put baddies in jail. They don't wanna deal with this s**t.
That’s what my friends told me. Can I call the police to find out if any report has been made?
 

LovingDad1973

Well-Known Member
9 July 2019
55
2
199
If the cops took it seriously they would have been knocking on the door within 2 days. Sure someone might have reported you, but the cops don't act on every complaint that is made.
Mate back in the day, my ex would call the cops if should could not find her car keys, she was adamant I'd broken into the house and taken them... Like I said, if the cops think the claims are valid they will call you / or come visit. If that happens be nice to them. Poor coppers, they joined the cops so they could put baddies in jail. They don't wanna deal with this s**t.

You speak a lot of truth. I have had the police sent to my home over false allegations. My advice to anyone in this situation is to be polite to the police and comply with their requests. Don't let the injustice of being lied about make you angry. If the allegations are bulls**t the police will release you without charge. Its outrageous that police time is wasted on such crap but they have a duty to investigate and they are just doing their job.