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Domestic violence offenders no longer allowed to question abuse victims in Family Court - Politics

rbrockway

June 28, 2018
71 upvotes
/r/MensRights
http://www.abc.net.au/news/2018-06-28/domestic-violence-offenders-can-no-longer-cross-examine-victims/9915058
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Post Information
Title Domestic violence offenders no longer allowed to question abuse victims in Family Court - Politics
Author

rbrockway

Upvotes 71
Comments 22
Date June 28, 2018 1:02 PM UTC
(8 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/8uj6xi/domestic_violence_offenders_no_longer_allowed_to/
Archive Link https://theredarchive.com/r/MensRights/domestic-violence-offenders-no-longer-allowed-to.1177122
https://theredarchive.com/post/1177122
Red Pill terms in post
domestic violence
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Comments

[–][deleted] 28 points29 points30 points 8 years ago (1 child) | Copy Link

Statistics on how many "victims" are lying goes way down when you make it illegal to prove they are lying.

[–]ThirdTurnip 0 points1 point2 points 8 years ago (0 children) | Copy Link

That's not what this does.

Where questioning is allowed, it would have to be done by a lawyer, including legal aid lawyers where an alleged abuser does not have their own representation.

"In those circumstances, cross-examination can and should probably still happen, but it will have to be conducted by an independent counsel," Mr Porter said.

Provided the accused can direct their appointed cross-examiner to ask specific questions this is fine.

The only potential for abuse would be if an appointed cross-examiner is allowed to cross-examine entirely as they please. Then we might have to cause to be concerned about potential bias.

[–]iamanarci 19 points20 points21 points 8 years ago (6 children) | Copy Link

This is how fucked up Australian family law has become .

1) Mother and father have equal shared responsibility, except when safety of the child is an issue. 2) Women can level domestic violence complaint without repercussions even if found to be unsubstantiated at a later time. 3)So, women allege domestic violence and get full custody of children until the matter appears before the courts - could be months. 4) Men cannot see their children until matter appears before courts.

Now, men cannot cross examine women to prove himself innocent or allegations of domestic violence are untrue.

In essence, believe women - no questions asked.

[–]rbrockway[S] 15 points16 points17 points 8 years ago (0 children) | Copy Link

In addition to that once a man has been out of the child's life for a period of time (as a result of the court order) the court can then decide 50/50 is too disruptive to the child even if the original complaint of DV/IPV is not upheld.

[–]grandmasbroach 5 points6 points7 points 8 years ago (1 child) | Copy Link

Then, they use the fact you have been kicked out of the picture as reason to not give shared custody regardless of the validity of the claim. They'll say the child is now used to the custody situation and changing it would damage the child. I guess you have to ignore every piece of statistical data to the contrary on single moms...

[–]iamanarci 0 points1 point2 points 8 years ago (0 children) | Copy Link

That's right.

I believe the new reform is considering mandatory contact for both parents. It'll be supervised visits if the wife alleges DV - hopefully this gets through the feminist influenced Australian parliament

[–]The__Tren__Train 4 points5 points6 points 8 years ago (0 children) | Copy Link

basically 'woman logic' codified into law lmao

[–]thamasthedankengine 0 points1 point2 points 8 years ago (0 children) | Copy Link

then Feminist News Facebook pages post shit like this and say "this is how every case goes!!!1!1!1!"

[–]nmotsch789 0 points1 point2 points 8 years ago (0 children) | Copy Link

And in the meantime, the woman (who is usually a psycho in cases like this because normal women don't do shit like this, so nothing is beneath them) will probably convince/brainwash the kids into thinking that the father actually was a monster, so even if they ever see him again, they'll hate him.

[–]bklee83 12 points13 points14 points 8 years ago (6 children) | Copy Link

So long as there isn't an extra charge for a third party to do the cross examination I would be fine with this. The whole reasoning behind representing oneself is to not be paying a third party.

[–]Kyle_Fischer 11 points12 points13 points 8 years ago (0 children) | Copy Link

Great comment. If an individual is unable to afford a Family Court attorney and is prohibited from representing themselves and confronting the complaining witness through cross examination, then the Court should appoint and pay for an attorney to represent them.

[–]ThirdTurnip 0 points1 point2 points 8 years ago (4 children) | Copy Link

The article covers this:

Where questioning is allowed, it would have to be done by a lawyer, including legal aid lawyers where an alleged abuser does not have their own representation.

[–]bklee83 0 points1 point2 points 8 years ago (3 children) | Copy Link

But it didn't say if there was a charge for that service or not.

[–]ThirdTurnip 1 point2 points3 points 8 years ago (2 children) | Copy Link

Yes it does and no there isn't.

That's what legalaid is - a free lawyer for those who can't afford it and meet the legalaid requirements.

[–]bklee83 0 points1 point2 points 8 years ago (1 child) | Copy Link

But what about those who can afford it but still choose to represent themselves?

[–]ThirdTurnip 0 points1 point2 points 8 years ago (0 children) | Copy Link

I don't know.

Why don't you go find out, then come back and enlighten us all.

[–]Omz-bomz 11 points12 points13 points 8 years ago (2 children) | Copy Link

Courts would also have the discretion to stop the direct cross-examination where domestic violence was alleged, and would be required to put in place extra protections for alleged victims — including screens or video links in court rooms — where questioning was allowed to occur.

Where questioning is allowed, it would have to be done by a lawyer, including legal aid lawyers where an alleged abuser does not have their own representation.

"In those circumstances, cross-examination can and should probably still happen, but it will have to be conducted by an independent counsel," Mr Porter said.

Sounds ok to me, as they will have legal aid lawyers doing the cross if the alleged abuser does not have their own lawyer.
As long as this doesn't incur an fee that is (or at least not anything but a very minor one)

[–][deleted] 2 points3 points4 points 8 years ago (1 child) | Copy Link

Have you ever used a legal aid lawyer?

[–]Omz-bomz 0 points1 point2 points 8 years ago (0 children) | Copy Link

Must say, luckily I have not needed it (yet)

[–]thrway_1000 3 points4 points5 points 8 years ago (0 children) | Copy Link

So, now it's presumption of guilt instead of innocence.

Archive -- https://archive.is/EY4EG

[–][deleted] 1 point2 points3 points 8 years ago (1 child) | Copy Link

In case you needed another reason to avoid women- now you can be jailed on her say so- with literally no questions asked.

[–][deleted] 1 point2 points3 points 8 years ago (0 children) | Copy Link

Preach. No fight against them ends. Their self-serving feelings will be attributed to you as if you were a telepath.

It's easy enough to have nothing to do with them. They're mostly not seriously interested in anything.

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