QLD False Accusation of Domestic Violence Against Stepmum - Help?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Iamrox

Member
23 September 2019
1
0
1
Hi there,

Just wondering if someone knows if there is actually something I can do legally in regards to false accusations.

My Partner was forced to go to court to get access to his son. We had trial date set and in the mother's final affidavit released. 1 week prior to trial, she made a false accusation of domestic violence against me (the stepmother) but never reported it or took it further when the so-called incident occurred.

The information detailed of a reported "domestic violence incident witnessed by her" she has no proof, no dates, never reported it to police despite stating she was concerned about the child being around me. The case never made it to trial a week later, she gave into 50/50 at court, an hour before the start of the trial.

She has never had to face responsibility for her actions at any point ( and it has been very messy but won't go into detail.)

Is there anything I can do to hold her accountable for making such derogatory claims?

I have always been so nice, loving and nurturing and always gifted things for special occasions etc. I have been in the relationship for 5yrs.

Any help would be great. I really would at the very least like an admission that the claim was false and apology for the false claims.

Thanks
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
You're wasting your time.

No court will order an apology and if they did, big deal, she would apologise because she had too not because she wanted to.

So you could ask for an apology... But I doubt she'lll say oops sorry about that one...

Claims of DV are common territory in family law and they can be done with impunity... SUXS but that is the system...
 

Tremaine

Well-Known Member
5 February 2019
183
31
514
Eh. You have the child 50/50. That’s a win, so who cares what she said in the family report? Just have a cup of tea and a warm bath and settle on the knowledge that she didn’t get what she wanted from it in the end anyway.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,820
1,072
2,894
www.hutchinsonlegal.com.au
False reports are actionable by police. It is unlikely they'll do anything.

If you can prove it is false it can be defamation. Difficulty you face is showing the vague accusations are false.

Overall I agree it is best to put this behind you and get on with life.