Hello all,
It's my first time posting my issue on this blog and please bear with me as my first language is not English and I need as much information as I can from you all through this blog, as it is very important for me and I would greatly appreciate all your knowledge & support.
I have an issue and I will explain in following steps and your insight, expertise and knowledge is greatly needed & appreciated.
1) I have been falsely accused of domestic violence case from my wife and have an intervention order on me to not to see my wife & my child. I have been fighting criminal charges from domestic violence and it seems (in my opinion) my lawyers aren’t doing anything to resolve the matter for me.
Reason I say my wife has lodged a case on me in my home country (India) on similar domestic violence charges and she couldn’t prove me on those charges and courts in India has given that I wasn’t guilty of any charges that my wife accused on me. We both reconciled and got together and I went to India and bought my wife & my child with me to Australia in Dec 2016.
Just after 4 months, i.e. in April 2017, she has lodged a complaint against me on domestic violence charges stating that I was abusive, I had abusive behaviour and I threat her to kill. Which none of them are true. My wife wanted to take revenge on me reason being that she was unsuccessful in India and she knew the law here is more in favour of women and knew all the loop holes and wanted to get rid of me all together and then she can live independently with the child.
The accusation that she made on was on Jan 20 & Jan 26 of 2017 but she didn’t approach police until 10th April so that way I can’t be with my child on his birthday which was on 30th April, as I was planning to have small get together on his birthday and my wife didn’t like and took this decision to book me in wrongly.
So, now I am fighting the accusation she made on me and I have all docs stating that I was proven not guilty in Indian courts and provided the same to prosecutors by my lawyers, but still court wouldn’t consider those docs and ordered to enter into trial.
Now, all I am worried is what happens in pre-trial & trial and my lawyer said they will appoint a barrister to take over the trial and the barrister who wasn’t and doesn’t know about the whole story how would be fight for me on that day?
So far with my lawyers, they haven’t been so great in fighting over the case, they were very keen for me to pay their bills on time and rest of the time I keep ringing them and nobody get backs to me from the office and I end up ringing them again and it’s same story every time the lawyers are busy and they will get back to you and rarely they do get back to me. The Indian docs clearly says that I am not guilty but still my lawyer couldn’t fight on it, seems like she wanted this case to go on trial as she can use her own barrister and make some money which is $5k - $8K a day to have an barrister.
Also I would like to hear from people who have been wrongly accused of domestic violence:
1) What was the outcome?
2) What have you done to prove that you are not guilty?
3) All I want to know is I haven’t done anything wrong, I am wrongly accused of charges, hence would I be able to win this case and clear the charges? Would people who are wrongly accused with domestic violence do they win the cases at all?
4) And can I fight over on basis the time she took to approach police from Jan 26 to April 10th ?
The last thing: I want to get some info and is it too late to change lawyers or stick to the one I am with already?
I understand that it's my decision at the end but any help is greatly appreciated.
NB: There are so many events that happened between myself & my wife but would be a long post so only specified few instances.
It's my first time posting my issue on this blog and please bear with me as my first language is not English and I need as much information as I can from you all through this blog, as it is very important for me and I would greatly appreciate all your knowledge & support.
I have an issue and I will explain in following steps and your insight, expertise and knowledge is greatly needed & appreciated.
1) I have been falsely accused of domestic violence case from my wife and have an intervention order on me to not to see my wife & my child. I have been fighting criminal charges from domestic violence and it seems (in my opinion) my lawyers aren’t doing anything to resolve the matter for me.
Reason I say my wife has lodged a case on me in my home country (India) on similar domestic violence charges and she couldn’t prove me on those charges and courts in India has given that I wasn’t guilty of any charges that my wife accused on me. We both reconciled and got together and I went to India and bought my wife & my child with me to Australia in Dec 2016.
Just after 4 months, i.e. in April 2017, she has lodged a complaint against me on domestic violence charges stating that I was abusive, I had abusive behaviour and I threat her to kill. Which none of them are true. My wife wanted to take revenge on me reason being that she was unsuccessful in India and she knew the law here is more in favour of women and knew all the loop holes and wanted to get rid of me all together and then she can live independently with the child.
The accusation that she made on was on Jan 20 & Jan 26 of 2017 but she didn’t approach police until 10th April so that way I can’t be with my child on his birthday which was on 30th April, as I was planning to have small get together on his birthday and my wife didn’t like and took this decision to book me in wrongly.
So, now I am fighting the accusation she made on me and I have all docs stating that I was proven not guilty in Indian courts and provided the same to prosecutors by my lawyers, but still court wouldn’t consider those docs and ordered to enter into trial.
Now, all I am worried is what happens in pre-trial & trial and my lawyer said they will appoint a barrister to take over the trial and the barrister who wasn’t and doesn’t know about the whole story how would be fight for me on that day?
So far with my lawyers, they haven’t been so great in fighting over the case, they were very keen for me to pay their bills on time and rest of the time I keep ringing them and nobody get backs to me from the office and I end up ringing them again and it’s same story every time the lawyers are busy and they will get back to you and rarely they do get back to me. The Indian docs clearly says that I am not guilty but still my lawyer couldn’t fight on it, seems like she wanted this case to go on trial as she can use her own barrister and make some money which is $5k - $8K a day to have an barrister.
Also I would like to hear from people who have been wrongly accused of domestic violence:
1) What was the outcome?
2) What have you done to prove that you are not guilty?
3) All I want to know is I haven’t done anything wrong, I am wrongly accused of charges, hence would I be able to win this case and clear the charges? Would people who are wrongly accused with domestic violence do they win the cases at all?
4) And can I fight over on basis the time she took to approach police from Jan 26 to April 10th ?
The last thing: I want to get some info and is it too late to change lawyers or stick to the one I am with already?
I understand that it's my decision at the end but any help is greatly appreciated.
NB: There are so many events that happened between myself & my wife but would be a long post so only specified few instances.
