QLD Protection Order Against Me from Ex - What to Do?

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telcoguy1

Well-Known Member
28 October 2017
28
2
124
Hi all,

I'm a 20-year-old male who has just been handed a protection order against me from a girlfriend when I was 16 (she was 14/15 when we were 'dating').

It appears she is being harassed by someone, however it is not me. I haven't made contact with her since 2014. The only evidence she has given are messages from 2013/14 when we broke up, none of which were threatening to her or her family.

The only reason I believe she is doing this is because when we were dating, a 24-year-old man was trying to groom her and she became distant/self harmed as she was being denied to see him by her father. I mentioned this to her mother however she didn't seem to take it seriously, so I called the police about it.

Later on her mother thanked me for doing that, as they found evidence against him.

The conditions are already being met in my eyes, the conditions are for me to not contact her via social media or see her in person (I have not done this since 2014). She mentions somebody is sending her messages of unwelcome images of themselves, harassing messages, etc as recent as this month.

I have legal advice already, this all came at such a shock to me. I thought It was just a petty high school relationship. It isn't a temporary order either, that box isn't ticked.

I feel I can contest it, seeing as there is not evidence listed from later than 2014... No photos that she claims to have been sent, etc.

I have never been to court, I have a vague understanding and have sought legal help.
 

sammy01

Well-Known Member
27 September 2015
4,196
603
2,894
So you could spend $$$ probably thousands getting the thing dropped. That is what a solicitor will cost...

You can stand up in court and self represent... Pretty scary...

Or you can accept without admission. Just so you know that will impact on a few occupations - Maybe - So I'm a school teacher. My ex-wife took one of these things against me... It didn't impact on my job as a teacher, even though my kids were 'protected persons'.
 

telcoguy1

Well-Known Member
28 October 2017
28
2
124
so you could spend $$$ probably thousands getting the thing dropt. That is what a solicitor will cost...
You can stand up in court and self represent... Pretty scary
Or you can accept without admission. Just so you know that will impact on a few occupations MAYBE - So I'm a school teacher, my ex wife took one of these things against me... It didn't impact on my job as a teacher, even though my kids were 'protected persons'.
Hi Sammy,

Is there a way to message you ? I don't have any worries with how much the lawyer will cost.
 

sammy01

Well-Known Member
27 September 2015
4,196
603
2,894
Mate, I'm in Bali right now. I'd be happy to talk to you on the phone when I'm back home... This site doesn't seem to provide a private message service. They should....

Do yourself a favour... do not contact the ex girlfriend.... Worst thing you can do...
 

telcoguy1

Well-Known Member
28 October 2017
28
2
124
Mate, I'm in Bali right now. I'd be happy to talk to you on the phone when I'm back home... This site doesn't seem to provide a private message service. THEY SHOULD.... Can I encourage you to log your story on mensline
MensLine Australia | Help, support and counselling services for men
and I can be in touch from there.. It is another free forum like this one.

Do yourself a favour... do not contact the ex girlfriend.... Worst thing you can do...

Believe me, that's the last thing I'd do now. I haven't for a long time.
 

Migz

Well-Known Member
20 November 2016
325
43
719
Telcoguy1, if everything you say is true and there has been no contact since 2014, and even if there was and it was of "good behaviour", then fight this vexatious ivo. I see you are in Queensland, the state that actually has legislation that the police must follow prior to handing out one of these IVO's but guess what...They never do.

So you will be appearing in court pretty soon. The first hearing is just to see how you plead. All of 10 minutes, but expect to sit in the court house foyer for most of the day. Just self represent for this, save your dollars.

Walk in, tell the Judge you will be contesting this vexatious IVO on the fact that A. the Queensland Police never interviewed me prior to the IVO being put on me, which they are legislated to do, and secondly, if they had, they would of found out that this is vexatious and the only evidence that the applicant is relying on is over 4 years old and was never abusive in nature.

You will then been given a trial date. Months away.

Once again, it's up to you if you want to self represent, or this time, have representation. You're a young fellow and you don't need this crap hanging over your head or on your file, you don't need travel restrictions, you don't need job restrictions, so fight it.

I'm sick to death of this IVO, DVO crap going on in society these days, and QPS just hand them out like candy instead of doing their jobs and "investigating" them further. As the solicitor said to me, "its a snowball thats got out of hand, and no one can stand in its way to stop it"....

Fight it all the way, but don't loose your head to shelling out thousands of dollars, when you can do it yourself. Remember it's your paperwork/evidence that does the talking for you in these events.

And as Sammy01 said... do not make contact. That done and dusted. And things can go south from here pretty quickly, should you make contact. And yes as a bloke it's only normal to try to find out "what the hell just happened"... but in this instance save your talking for the court room
 
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telcoguy1

Well-Known Member
28 October 2017
28
2
124
Telcoguy1 take a read from S100 onwards, as the QPS very rarely carry out S100 as is legistated to do so.

View - Queensland Legislation - Queensland Government
Thanks Migz, i'll take a look.

Again, the accuser has no evidence of me talking to them on the recent dates they mention in their statement. (2017, June and then October)

I have spoken with a barrister who will work probono with me.. thankfully.
 
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telcoguy1

Well-Known Member
28 October 2017
28
2
124
Telcoguy1, if everything you say is true an their has been no contact since 2014, and even if there was and it was of "good behaviour" then fight this vexatious ivo. I see you are in Queensland, the state that actually has legislation that the police must follow prior to handing out one of these IVO's but guess what...THEY NEVER DO.

So you will be appearing in court pretty soon, the first hearing is just to see how you plead. All of 10 minutes, but expect to sit in the court house foyer for most of the day. Just self represent for this, save your dollars. Walk in tell the Judge you will be contesting this vexatious IVO on the fact that A. the Queensland Police never interviewed me prior to the IVO being put on me which they are legislated to do, and secondly, if they had they would of found out that this is vexatious and the only evidence that the applicant is relying on is over 4 years old and was never abusive in nature.

You will then been given a trial date. Months away.

Once again it's upto you if you want to self represent, or this time, have representation. You're a young fellow and you don't need this crap hanging over your head or on your file, you don't need travel restrictions, you don't need job restrictions, so fight it.

I'm sick to death of this IVO, DVO crap going on in society these days, and QPS just hand them out like candy instead of doing their jobs and "investigating" them further. As the solicitor said to me, "its a snowball thats got out of hand, and no one can stand in its way to stop it"....
Fight it all the way, but don't loose your head to shelling out thousands of dollars, when you can do it yourself. Remember it's your paperwork/evidence that does the talking for you in these events.

And as Sammy01 said... do not make contact. That done and dusted. And things can go south from here pretty quickly, should you make contact. And yes as a bloke it's only normal to try to find out "what the hell just happened"... but in this instance save your talking for the court room

Where does it say they need to interview me? I'm reading past S100
 

Migz

Well-Known Member
20 November 2016
325
43
719
Section 100—
insert—(1A)If, after the investigation, the police officer reasonably believes domestic violence has been committed, the police officer must consider whether it is necessary or desirable—(a)to take any action under subsection (3) to protect a person from further domestic violence; and(b)for the person to be protected immediately from further domestic violence and, if so, what is the most effective action to take to immediately protect the person.


So were you ever interviewed by Queensland Police? As its pretty hard to carry out an investigation without talking to you?