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QLD Time Limit to Report Assault to Queensland Police?

Discussion in 'Criminal Law Forum' started by missjodie098, 26 July 2015.

  1. missjodie098

    missjodie098 Member

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    Hi,
    I was wondering if anyone has an idea of the time period (if any) for lodging an assault claim for myself and my son. On February 14, 2013, the following happened and I want to know if I can report it to Queensland Police now, over two years on.

    My ex husband (who was still my husband at the time) tackled me and my 17 month old son. He then pinned me and my son down with his knees and grabbed my wrist. I was holding my mobile phone that he was trying to get. He twisted my wrist onto my back and placed me in a wrist lock. My son was trapped underneath me screaming. He took my phone and punched me in the back of the head and left my room. After calming my son down for about 5-10 minutes, I walked down the hallway and asked him for my phone back. He walked into the toilet and said I could have the phone back. He held it up and I reached out to take it, however, he slammed the door on my arm and used his body to squash my arm between the door and doorframe. As he is nearly 100kg, I could feel my arm slowly breaking so I used all my force and pushed he door as hard as I could with my backside and it came off the hinges freeing my arm. I ran back to the bedroom where my son was and barricaded the door. I heard him go into the bathroom I assume to go through my phone then he left the house. He yelled that he was going to hospital as I had cut his leg when I pushed the door and that if I called the Queensland Police on him that he would tell them I attacked him and I would have my son taken off me. I was terrified and did not call the police.

    A month later the Queensland police were called to another incident and they took out a DVO, domestic violence order. They wanted me to press charges for this other incident but I was too scared. About a year later I went to the police to have him charged but they said it was just over 12 months and I was not able to report it. However, I have since be told this is not the case. I am very confused who to believe.

    I was wondering if anyone knows if I can report it now as I am ready to bring him to justice and whether the QPS will give me every excuse under the sun as to why they won't take the report. I have about 8 photos of bruises to my back, arm and legs etc. They are date stamped with 2-4 days after the incident. Is this enough evidence?

    Thanks for your help.
     
  2. Ponala

    Ponala Well-Known Member

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    I assume the police are saying the assaults are only summary matters and the statute of limitations has expired.
     
  3. Ivy

    Ivy Well-Known Member

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    Hi there,

    I don't know why the police told you that you couldn't report the incidents. But you can definitely report your husband for the physical assault incident/s. There is no time limit on bringing a criminal charge against someone. Go down to the police station (maybe a different one to the one you went to last time) and ask to speak with someone who deals with domestic violence situations, you can even ask to speak with a female police officer if that makes you feel more comfortable. Keep trying until you find someone you can talk to and who takes you seriously.

    Additionally you may be eligible for victims of crime compensation (I'm not sure about the exact time limits on this in Qld).

    Have a read of this document put out by the Department of Justice and Attorney-General. It has lots of information including phone numbers for support services, Women's legal service etc. http://www.justice.qld.gov.au/__dat.../guide-for-victims-of-crime-in-queensland.pdf
     

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