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QLD How to Remove Falsely Procured Domestic Violence Order from Police?

Discussion in 'Criminal Law Forum' started by Jason Rivers, 19 October 2015.

  1. Jason Rivers

    Jason Rivers Active Member

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    Hi all,

    Back in 2012 I broke it off with a girl after two months of dating. I then received abusive messages over Facebook and text from her. She was threatening to kill herself if we didn't get back together and hurt my family and myself. I went to the police and reported this twice and was told there was nothing they could do and I would have to make a private application through court. This went on for two months before she started sitting outside my house and work. After a month, we went to the police again this time with cctv footage of her and again was told the same answer.

    In the end after 6 months and multiple trips to the police with my parents I gave up. I went away overseas for a trip with friends and came back to the police arriving at my house and issuing me with a police made domestic violence order. I consulted with a legal aid solicitor and the duty lawyer and both advised me to consent as I would not win against the police. I consented to the order but was not made aware of the implications it would have later on.

    How do I get the order removed and the weapons licence ban removed as this is standing in the way of me joining the police and the defence force?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Domestic violence orders in Queensland usually have a 2-year limit - have you looked into the expiry of the order?
     
  3. Jason Rivers

    Jason Rivers Active Member

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    It expired last year in August. I was told by QPOL that I wouldn't be able to join while it's on my record. The female constable that served me with order is the constable I originally spoke to when I went to police which I have since found out is a family member of the aggrieved
     
  4. AllForHer

    AllForHer Well-Known Member

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    Does that advice come from the QPS Vetting Unit? I'm quite certain the weapons licence ban only lasts for as long as the actual domestic violence order, but in any case, applications are assessed on a case-by-case basis.

    I deter away from finding ways to have the order removed from your record because I don't believe it can be done. You would have had to appeal the DVO within 28 days of it being made.

    Can anyone else help?
     
  5. Jason Rivers

    Jason Rivers Active Member

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    No the recruiter over the phone told me as my application wouldn't be looked at because I have had an order. The weapons licence ban is 5 years. I would have thought that something could be done because of a conflict of interest with officer who served me being related to the aggrieved. I did consult a solicitor after I had consented who advised me to not take it further as I wouldn't win against the police. Any help from anyone would be much appreciated. Thank you for your help Allforher.
     
  6. beanie

    beanie Well-Known Member

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    Every solicitor will ask you to consent, not simply because it is difficult to 'win' the police, but also, it can be a long, dragged out course. It is difficult to fight this now because you have 'consented', if you hadn't, you can still go to court and argue that the order was placed in your absence and you would like to contest it due to the falsity of it.

    If you find that the circumstances of your 'consent' was 'exceptional' - i.e. you were not given proper advice, there can still be a recourse but it is painful, expensive and long drawn out and should you win, you will not get any money back. It is not impossible to fight this order and the police will put up a brick wall bigger, taller and longer than the Great Wall, but hey, the Monguls crossed it anyway and defeated the Hans. Not impossible, just - you need to be Ghengis Khan. In the end, it's a matter of how much you want to become a police. After the way they had ambushed you and set your life on fire, you might want to ask yourself if this is a 'gang' you want to be part of.
     
  7. Jason Rivers

    Jason Rivers Active Member

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    Is there any way I can get the brief of evidence from the police or will I need a subpoena?
     
  8. OCA

    OCA Member

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    You should be able to get copies of some documents by way of freedom of information before you start any action.
     
  9. Jason Rivers

    Jason Rivers Active Member

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    How do I go about doing this? Do I contact the police station and request from the serving officer if she is still present there or do I contact the commissioner of the QPS? My solicitor has told me I have no legal avenue due to new domestic violence legislation introduced by Qld parlement recently.
     
  10. OCA

    OCA Member

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