QLD Stopping Malicious/Fabricated Domestic Violence

[DerekPi]

I have a protection order against my ex-wife due to years of verbal and physical abuse, which she has breached and been charged multiple times already. Within a week of being served with the protection order, she filed an application of domestic violence against me that she claimed occurred at a public place when we accidentally bumped into each other. She claims I swore and hit her, which was completely fabricated. The matter went to Trial and was dismissed as I had multiple witnesses and also footage. Outside the courtroom, just before the verdict , she even yelled out at me 'I am glad you wasted money on lawyers'.

She is relentless and won't stop and I have a feeling she is planning another DVO application to waste my money.

Can her actions be classified as a breach to the DVO now that the trial has been dismissed ? Ie. She maliciously & vexaciously took me to court... Particularly as the evidence is so overwhelming ? Or is this a purjury matter ?

I have very little funds left, and am wondering what others have done in situations like this to clearly indicate to a false accuser that their actions can have consequences.

Thanks for your time

 

[Atticus]

The matter went to Trial and was dismissed as I had multiple witnesses and also footage. Outside the courtroom, just before the verdict , she even yelled out at me 'I am glad you wasted money on lawyers'........Can her actions be classified as a breach to the DVO now that the trial has been dismissed ? Ie. She maliciously & vexaciously took me to court

Don't think it would be accepted as a breach ..... May be too late on this occasion, but the court has the power to order that the applicant pay your legal costs if it's dismissed on the grounds you mention.

(2) However, the court may award costs against a party who makes an application that the court hears and decides to dismiss on the grounds that the application is malicious, deliberately false, frivolous or vexatious.

Source >>> DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 157 Costs

 

[DerekPi]

Thank you. I guess at Trial, I should have asked whether the magistrate would have considered it as malicious/vexatious given the footage literally showed nothing happened. Too late now I guess