QLD Notice of Objection - Subpoena Paperwork

[Migz]

Hi All,

So I have been served a "copy" of a subpoena that the ex has launched, to the Queensland Police Service; and she is chasing the following;
A copy of this subpoena
1. Qprime records, Criminal Offence reports, CRISP System Crime Reports, QP9
2. Domestic Violence Applications, Protection Orders, Statements, Affidavits prepared in relation to any application where "me" is the respondent
3. Any audio tapes, video tapes made by the police in furtherance of their investigations concerning the named person
4. Photographs taken by the police in furtherance of their investigations concerning the named person.
5. Bench charge sheets, running sheets, activity logs, day book notes, occurrence sheets for any of the date noted in the documents requested in 2 and 3.
6. All statements and documents including but not limited to signed statements by any accused. the complainant, the informant,professional witnesses and police witnesses in all the matters referred to above.
7. Full traffic history records of the named person.

Note: You may, with the consent of the issuing party, produce a copy, instead of the original of the document

We have another directions hearing coming up in early August in the FCC, as I am chasing more time with my 15 month old daughter than the 18 hours I currently get in the 336 hour fortnight.

Can anyone provide any wording that should be written into the subpoena objections sheet, as I fail to see how what she is asking for has any relevance to me spending time with my daughter?

Cheers
Migz

 

[Rod]

I don't have any specific wording. You may need a lawyer to defeat the subpoena. It doesn't sound relevant if there is no previous history of violence.

Read this FCC case to see if helps you: http://www.austlii.edu.au/au/cases/cth/FCCA/2016/538.html

 

[AllForHer]

What will the subpoena produce? Anything likely to concern the Court?

 

[Migz]

Thanks for the Austlii case Rod, that does have some great wording contained within.

Allforher, there is nothing in my police record, other than a couple of drunken and disorderlies from years ago, and a drink driving charge also. Obviously her new DVO that she took out only a few weeks ago prior to our last court date would show up as well I'd imagine, which the Judge in FCC dealt with quickly, as the ex's opening line in the court case was "Your honor since the last time we saw you I have taken out a DVO", the well travelled Judge turned around and said,"Oh OK, so what was he charged with on the day in question, was it assault and battery or sexual abuse or something else?", the ex replied, "well I dont think he was charged with anything your honor", the Judge turned around and said "OK lets move on"...

Cheers
Migz

 

[AllForHer]

But no charges for violent offences, breaches of a DVO, etc? Nothing of real consequence since the child was born?

Look, realistically, any involvement with police will be something the Court wants to know about in a parenting matter, so I'm not sure how successful you would be in objecting to a subpoena, but what's really pertinent is how much weight the Court chooses to give that evidence. My view, if what you've said is accurate, it's probably not going to be much.

It's hard to adopt objectivity when you're one of the parties affected, but drunk and disorderlies from before the child was born don't say anything about you as a parent, do they? And if the drink driving is an issue, then point out it's a historical charge and offer to agree to a restriction on alcohol consumption before and during the child's time with you.

In my experience, it's better to make concessions about errors in judgement than to try and suppress them all together.

 

[Rod]

You can also consider getting a subpoena for her police history