QLD Breached dvo, crossed order but police suspect im the respondent

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Danelle

Member
26 November 2017
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0
1
Hi i really don't know how this all works, i have a crossed dvo and my ex partner and i have breached dvo's a lot of times well i have thrown objects and admitted to it to the police but the ex partner has denied hes physical actions that some do make marks on me and some dont. What i just dont understand is that the police statement has no report of the ex doing any harm to me on the statement but all of my stuff is on there. I have a 9,7 and a 21month old daughter and i had to go to a watch house for 15hours and the ex looked after the 3 children. The oldest 2 are not hes but the youngest, now i feel like im fighting for my children even though there with me at the moment and i have bail conditions to stay at my mothers house with my children and not go to my rental house and only contact to the ex is via text about children matter. The main thing i want is to go back home for my childrens schooling because they missed out on 7days of school and to every furniture is mine at the house and i am a victim with physical but mostly emotional abuse. CAN I VARY MY BAIL CONDITIONS?
 

Clancy

Well-Known Member
6 April 2016
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2,289
Unfortunately, it is an effect of the presumption of innocence that tends to cause the law to punish honesty and reward dishonesty.

So what is the answer for an honest person? You have the right not to incriminate yourself.... that does not mean lie to police, it just means 'don't answer' a question or make a statement that would incriminate you before you get legal advice.

Anyway, what you need in your situation is evidence, and if you do not have it, there is not much you can do - well, get a lawyer of course!

What about text messages? Or is he the sly type i bet?
Extended family witnesses?
Friends or associates who could be witnesses?
You should keep a diary of all of the events after the separation
Doctors examinations
police reports
everything
 
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Danelle

Member
26 November 2017
4
0
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Thank you, with a police qp9 statement that i have never see from the last incident, i was in the watchhouse over night and went to court the next day and when the police or duty on the other table was reading bits and pieces of what happened, i didn't hear any of what i told the police about the aggrieved choked and spat on me on the statement but my honesty got me in trouble by slapped him twice in the face and broke hes earphones and chucked my wine glass on the kitchen wall. I know i did alot and owned up to it but i just don't know why my statement was on there. We both have a crossed order and didn't he breach it as well? He choked me while i was in bed watching a movie on my phone and because i had my phone with me he didn't like it and accused me of cheating but i have alot of txt msgs proving he has bad trusting issues that my lawyer says thats good evidence of emotional abuse and i have 2 pictures of an incident on my face that i didnt report to the police, stupid me i just hope its enough evidence to keep from going to jail.
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
Ok, well, all i can advise you at this stage is to check your affidavit and its order of events are in good order? And make sure you communicate well with your lawyer all the details.