VIC How Far Back Can I Request Police Reports?

[AllForHer]

So, for domestic violence to have any impact on property settlement, you have to prove that it significantly reduced your capacity to contribute to the shared asset pool.

Four incidents in 25 years with no police charges and an AVO not taken out until 2015 isn't terribly persuasive.

Personally, I don't think you have much hope of using this to increase the percentage of your property settlement, but I also think you should rely on your lawyer's advice for this - s/he obviously had more of the story than can be shared here.

When you subpoena for police reports, I strongly suggest asking for reports from the particular incidents in which you were a party. Don't just subpoena for everything on your ex's record. It makes it too easy for him to argue that you're on a fishing expedition, rather than using evidence that is of relevance to you. I can't see why you would have any difficulty getting the reports from 1992.

 

[MartyK]

Although now that it looks like I'll have to have a barrister for court, I'm looking to save every cent I can...

On this.

I'm not certain what your lawyer has proposed in relation to who your legal counsel will be for the trial i.e. whether the intention is for both your lawyer and barrister to be in attendance or just the barrister, but if not discussed already, you may wish to enquire about this with your lawyer. It would certainly be cost saving to you if the barrister would be happy to go it alone for trial.

The complexity of the case but also the personal preferences of a party or even those of the particular barrister in question, at times, can play a part in this decision.

 

[SamanthaJay]

I reckon you're barking up the wrong tree.
long marriage 50/50 split.
Time off for looking after kids? 5 % increase to you???
What is your current earning capacity? what is his?
Look there are lots of factors one way or another and without all those details it is hard to say. BUT the reason I think you're barking up the wrong tree is that DV doesn't instantly grant a greater %.... Have a read.
How is Property Division decided – The 4 Steps | Property Settlement | Marriage, De Facto Family Law

4 police call outs over 30 years? no charges / convicitons? no hospital records? So while magistrate can consider anything he feels relevant - I don't see why he'd consider 4 police call outs in 30 years as grounds to change the asset split

The DV is one of the factors Sammy. He is self employed and I'm working 30 hours a week and part time carer for my blind mother. If I work more hours then I can't care for my mother. He def has the bigger earning capacity and is earning (on paper!) more than double what I am.

I see what you're saying about the DV. DV is such a shameful situation to be in and from what I understand now, it's something most of us hide rather than calling the police non stop. In my situation it had become a day to day process of making sure I was going to live to see another day.

 

[SamanthaJay]

Thanks everyone for the help and insights. Feel more prepared now for what I'm up against.

 

[Hayder Shkara]

Samantha,

All the opinions on this thread has been great and really informative. It's all very relevant and will be the points of fact that will be argued between your side and his side when you are in court. i.e. was DV an issue or a non issue? This will be argued in court.

That's why it's important you have confidence and trust in your solicitor and barrister to help convey your side of the story. I wish you all the best.