VIC IVO served. But allegations are false

[Dadofbeautifulgirl]

Hi I have an ex that accuses me of stalking, and states THEY HAD AN AIRWING DEPLOYED Trying to find me cos I was on camera or something. pedophilea, breaking and entering, sniffing her underwear, intent to r**e her kid. They are the main big accusations. All completely false. I knew she was like this and had made sure I could never be near her or have anything to do with her and kept my head down being a father. And I have bank statements, atm visits, uber records and camera footage inside those ubers, ECT ect I can prove my whereabouts 100% because I was in city she was in country.

She is lying to new boyfriend that we were overlapping I know now, but she has put in statement that I was stalking when we were actually still seeing each other, have txts and stuff to prove that. So obviously is using the IVO to cover her ass or something. Whilst this rumour spreads about me, to my daughter's mum, friends, family, and I've constantly faced custody questioning I'm suitable, and I've let my actions do the talking that I'm a good dad. But still live with the anxiety and judgement. Putting me at risk of my daughters custody, even tho I'm a great dad, is the worst thing U could do.

They have harassed me accusing me of this for over 12 months, I've laughed it off and tried telling her bf respectfully few times don't know what your talking about, this has to stop and pull his head in. But is adamant it's me.

All this said, how does police take this statement of AIRWING deployment, stalking, pedophilea and then put it on paper and serve me with it? Whilst she provokes me thru txts and friends calling me obviously to get me to break ivo. But I know what she's trying to do. How do the police do this but don't prove I wasn't doing any of these things. I don't get it.

Sorry if that's complicated or doesn't make sense, it's all a bit much to take in.

But my questions are do I go cops an d complain about this? Dont they want to know that either she's making it all up or that they must be barking up the wrong tree with her blaming me , And open to do whatever to prove anything in her statement is false.
Or do I get legal represYentation and spend money and time on proving it's false at court? I really don't want to see these people.
I'm really confused on why I have to deal with this s**t, and have suffered mentally with work suffering and constant questions about custody.
They needs IVO on them but I'm not one too need that,

Please help any advice

 

[sammy01]

ok, so you've posted in the defamation page. Probably more suitable for family or criminal law pages...

You do nothing. Accept the avo without admission. Move on with your life. Why? well it will cost thousands to defend it and you'll probably lose. Meanwhile the ex won't have to pay legal bills, the police prosecutor will do it all for her. And if the AVO is for 1 yr then you might find it will take almost a year OR longer to get to a final trial. So I know of one guy who won. It took 18 month. All that time he had an interim avo on him.... It would have expired after 12 months.

Now by the sounds of things, if I'm reading this right, you don't have a child with this person? all the more reason to accept, move on with your life and never see her again.

Crazy idea - but an avo can be a good thing. WHAT? well I had a crazy ex. She took an avo on me. She then started texting, calling and emailing. I took the emails, and my phone to the cops. They called her and warned her that she will be charged with harassment if she continued contacting me.... The nice copper even called her with me standing there, so I got to hear the conversation.

 

[Dadofbeautifulgirl]

ok, so you've posted in the defamation page. Probably more suitable for family or criminal law pages...

You do nothing. Accept the avo without admission. Move on with your life. Why? well it will cost thousands to defend it and you'll probably lose. Meanwhile the ex won't have to pay legal bills, the police prosecutor will do it all for her. And if the AVO is for 1 yr then you might find it will take almost a year OR longer to get to a final trial. So I know of one guy who won. It took 18 month. All that time he had an interim avo on him.... It would have expired after 12 months.

Now by the sounds of things, if I'm reading this right, you don't have a child with this person? all the more reason to accept, move on with your life and never see her again.

Crazy idea - but an avo can be a good thing. WHAT? well I had a crazy ex. She took an avo on me. She then started texting, calling and emailing. I took the emails, and my phone to the cops. They called her and warned her that she will be charged with harassment if she continued contacting me.... The nice copper even called her with me standing there, so I got to hear the conversation.

Yes all agreed, thankyou. But I've moved on. But this has brought up issues with my child's mum, as they have been spreading. rumours of these accusations in the tiny country town So I have to as always prove I'm the best dad, because daughters mum is thinking her statement might be true and I'm not fit.

ok, so you've posted in the defamation page. Probably more suitable for family or criminal law pages...

You do nothing. Accept the avo without admission. Move on with your life. Why? well it will cost thousands to defend it and you'll probably lose. Meanwhile the ex won't have to pay legal bills, the police prosecutor will do it all for her. And if the AVO is for 1 yr then you might find it will take almost a year OR longer to get to a final trial. So I know of one guy who won. It took 18 month. All that time he had an interim avo on him.... It would have expired after 12 months.

Now by the sounds of things, if I'm reading this right, you don't have a child with this person? all the more reason to accept, move on with your life and never see her again.

Crazy idea - but an avo can be a good thing. WHAT? well I had a crazy ex. She took an avo on me. She then started texting, calling and emailing. I took the emails, and my phone to the cops. They called her and warned her that she will be charged with harassment if she continued contacting me.... The nice copper even called her with me standing there, so I got to hear the conversation.

So I will do whatever it takes to make sure this garbage isnt given any light of day, for the sake of my child.
Ill provide my whereabouts when they say I had AIRWING on me. And I will show txts and phone calls of these people harrassing me all year long. All I want is care free life, but these people have made a statement that is absolute rubbish. How does that get written down by police as a true statement? Pedophilea, r**e, stalking, drugs, ECT when I was not anything to do with her or them. And the statement is now having consequences on my life and custody agreements.

Is that fair? What if someone said U were all this s**t, and then there's a chance you have to fight to see Ur kid cos these allegations treated as fact. You would bit of et that

 

[Dadofbeautifulgirl]

Would not let that happen. Got nothing to do with these people, don't want that stuff in my life, it's about making sure this bulls**t is not going to affect friendships, work and family.

 

[sammy01]

ok - so why not explain. How is this impacting on your custody agreements?
Mate if your ex is not following court orders for child access then spend your $$ on going to family court to have the orders enforced.

I do feel for you. Been there. My ex took an avo out on me. I'm a teacher in a small town. The ex even brought the avo paperwork to my school to show my principal.... It was fcuked up.... But here is the thing... Even if I'd have fought the avo and won - it would not remove the damage done to my reputation. That suxs - but it is true. and hell yes it isn't fair, it suxs and I feel for you, but it can't be undone and the mother of your kids isn't gonna change her mind just because you fight this and win... She will just decide that you got away with it.

Now this bit suxs hard... What is the threshold for an AVO? beyond reasonable doubt? like in criminal court? NOPE. Have a read "The Court will make a Final Apprehended Violence Order (AVO) if it is satisfied on the balance of probabilities (meaning something is more likely than not to be true), that the protected person fears, and that it is reasonable for them to fear, that you will:

• physically hurt them
• intimidate, harass or stalk them
• damage their property.

Now I know that is NSW law - but the Victorian legislation is about the same... It is insane - "balance of probabilities" Not 'beyond reasonable doubt'. Now the other thing you're fighting is an inherently sexist system. So let's imagine you are a judge. if you knock back one of these AVO's and the accused person goes on to kill the 'victim'. That judge is gonna have a tough day at the office when the tv cameras arrive.

Now why not go do some research. See if you can find out how often AVO's are rejected by the courts. IF the police have made the application then your chances are 4/5's of stuff all.

The decision

Are you going to court to get an AVO? Want to know what sort of decisions can be made in AVO cases?Click on this page to find out.

www.lawaccess.nsw.gov.au

 

[Dadofbeautifulgirl]

It's an IVO by the way. And it effects our mutual mediation non law and courts friendly parenting situation. With our kid in mind. Now She will be using any Reason or whatever to have me in daughter's life less. And the social and family life is affected by this even if not true.
I'm fully for woman being overly protected by courts as I have a daughter. But if I wasn't anything to do with anything in this crazy talk, and can prove it. Then HOW do the police justify serving this when Its full of stuff that I should be locked up for 20.
This statement proves that all jet false allegations are there to get a reactions so break ivo and jail. But I'm sick of the harrassment of these people, and ill take 4/5s chance. On top of the 100% chance of fighting this till it's resolved.

I want to see these camera I'm on allegedly, I want to see AIRWING deployment, footage and proof it was me, I want to see proof I was sniffing undies, I want proof of it all.
Because I know what I'm I want to see everything they say so I can quickly prove with bank statements, and me CCTV footage of visited of the dates.

 

[Rod]

Go to the police see if they will charge her for false reports - wasting police resources.

If the police refuse to help, we can assist with defamation claims and IVOs.

Keep in mind reports of criminal behaviour to authorities are not defamation unless you show they are actuated by malice. You may have enough evidence to show malice in your situation. Defamation actions can run in a number of courts and depends on your budget. If you have the spare money and motivation, defamation is worth a shot.

And you should reconsider getting an IVO of your own - it might stop some of the harassment.