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

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telcoguy1

Well-Known Member
28 October 2017
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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?

I wasn't. They just called my mobile and said they need to bring me something, and confirmed where i lived. They came and gave the document
 

sammy01

Well-Known Member
27 September 2015
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Investigate. Does not mean interview... Should mean that as a 5 min conversation would have saved this guy a ton of grief.

I know NSW law... Magistrate can grant an AVO on the grounds of probability... That threshold is way short of l'm innocent until proven guilty or beyond reasonable doubt. When my ex got one on me, there was no investigation. Just me getting called to the cop shop to save them the bother of trying to find me...
 

telcoguy1

Well-Known Member
28 October 2017
28
2
124
Exactly what I was talking about. Anyways, sounds like you have a strong case. Dont be swayed into "consent without admissions"... here is some additional reading.

Vexatious litigants | Queensland Courts
Thanks for the info. I believe I do. The only evidence she’s given isn’t solid. Claims there’s fake accounts and just gives usernames. One of them is mine

the other messages are emails from me 2014 April. Right after we broke up. Nothing threatening as such just I hope you’re okay etc
 

Migz

Well-Known Member
20 November 2016
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Remember Telcoguy1 once you take this to Trial, the Queensland Police have to prove beyond resonable doubt that you infact committed DV... It's no more of this "based on probability" rubbish as the initial dvo is based on... so then they actually have to do some proper police work.

Be wary of the fact as well that they have been known to drop a case the day before court... Why? Because in these instances the respondent has shelled out big dollars on legal fees and if they drop the case then you cant have costs awarded to you. Just more crap that goes in the Queensland Legal System...
 

telcoguy1

Well-Known Member
28 October 2017
28
2
124
Remember Telcoguy1 once you take this to Trial, the Queensland Police have to prove beyond resonable doubt that you infact committed DV... its no more of this "based on probability" rubbish as the initial dvo is based on... so then they actually have to do some proper police work. Be wary of the fact as well that they have been known to drop a case the day before court... Why? Because in these instances the respondent has shelled out big dollars on legal fees and if they drop the case then you cant have costs awarded to you. Just more crap that goes in the Queensland Legal System...
Ok
 

Ironclad

Active Member
31 October 2017
11
0
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Just a thought with regards to DVO/IVO/VRO etc

If the respondent has nothing to do with the protected person now, and will have no further interaction in future, you can avoid a lot of hassle and spend by simply representing yourself in Court and saying "I consent without admission". Just wear the order and move on with your life.

Perhaps in a counter-intuitive way, having such an order can actually be of benefit for the person bound by the order, because if you are accused in future of breaching the order, then it would need to be proven beyond a reasonable doubt that it was breached.
 

telcoguy1

Well-Known Member
28 October 2017
28
2
124
Just a thought with regards to DVO/IVO/VRO etc

If the respondent has nothing to do with the protected person now, and will have no further interaction in future, you can avoid a lot of hassle and spend by simply representing yourself in Court and saying "I consent without admission". Just wear the order and move on with your life.

Perhaps in a counter-intuitive way, having such an order can actually be of benefit for the person bound by the order, because if you are accused in future of breaching the order, then it would need to be proven beyond a reasonable doubt that it was breached.
You’re right. However I haven’t been contacting her thats the thing. She has no evidence of any communication throughout this and last year.

If I agree and she still claims I’m doing it doesn’t it look worse?
 

sammy01

Well-Known Member
27 September 2015
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720
2,894
I accepted without admission... In NSW. But I was in a relationship with the person at the time.. It was horrible and she constantly contacted the cops claiming I breached... But to establish a breach they really do need evidence... In a small town with only a few cops, they quickly worked out she was the problem..

My suggestion, go to the court tomorrow ask for an appointment to see the Duty Solicitor. That will cost you nothing and will give you a bit of insight into what is going on (maybe)
 

telcoguy1

Well-Known Member
28 October 2017
28
2
124
I accepted without admission... In NSW. But I was in a relationship with the person at the time.. It was horrible and she constantly contacted the cops claiming I breached... But to establish a breach they really do need evidence... In a small town with only a few cops, they quickly worked out she was the problem..

My advice, go to the court tomorrow ask for an appointment to see the Duty Solicitor. That will cost you nothing and will give you a bit of insight into what is going on (maybe)
My barrister I’m working with gave me all the details on exactly what to say on the mentions thankfully.

I’ve read everything through with a clear head and there’s just nothing? Nothing threatening or anything from 2014 onwards. It’s so odd.

He believes it will get thrown out as she has no actual proof. Just a “here’s a list of Snapchat names. Here’s some emails from when we broke up four years ago. I think it’s him