QLD Is it to late for assault charges

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Sass71

Member
6 May 2020
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How long is it before it's too late to press assault charges within a domestic violence situation it's been 1yr and I have photos of the damage to my body bruises and the like it was not reported when I went to hospital as an assault out of fear to this day he is still driving pass my place every day yelling abuse he has a dvo on him he has broken it relentlessly Monday night just gone he came to my house and spray painted on my front door and he spat on me and my door. He threatened my children he catches me unaware and is gone as soon as I try and get him on camera... Can they still collect his DNA on the spit that has dried on my front door?
 

Atticus

Well-Known Member
6 February 2019
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How long is it before it's too late to press assault charges within a domestic violence situation
A person can't press charges in Australia, It's up to police to charge a person
he has a dvo on him he has broken it relentlessly
You need to report this to police if you are in genuine fear or he is breaching any conditions of the DVO..... You don't need video evidence. If the police you report it to says you do before they will act, tell them you want to take it up with the stations most senior officer ..... The police should interview him about your complaints & decide if a breach has been committed & what action to take
 

Sass71

Member
6 May 2020
2
0
1
Thank you for your answer Atticus, so could I tell the police about the assault a year ago and show the pics, and would they take a swab of the dried spit on my glass sliding front door?
 

Atticus

Well-Known Member
6 February 2019
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You can tell them about the assault. Up to them what they decide to do with that info .... Don't know about swabbing, again up to them. But if there has been a breach of a DVO, particularly one where you are genuinely fearful for your own or kids safety, then it needs to be reported, & the sooner the better
 

Oneman

Well-Known Member
7 September 2017
62
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The biggest problem for Police who have to follow up DV complaints is that quite often, within a couple of weeks of making a complaint, the Aggrieved has lost interest in pursuing the complaint because the coward who violated him/her has sweet-talked their way back into the Aggrieved's good books, until next time. You need to maintain contact with the investigating Police Officer, document breaches and stick to your guns. By the time bullies get to marrying age it's hard for them to change their bad habits until they become old men and by then they are often either drunks or in jail. Victims are better off cutting their losses and moving on. Atticus has given you good advice, but just to expand on one of his points, yes, Police are the only ones who can charge someone with assault in a Criminal Court, but they won't do so without a complaint and they become very reluctant to stay in their and keep batting for the Complainant if the Complainant back-peddles or loses interest.