Our Crazy Legal System

Once again we have suggestions that there be Radical Changes made to Family law, despite the fact that it is only about 12 months since the last changes were made to the Laws. Chief Justice Diana Bryant has said changes should be made to provide more protection to family members at risk of Violence. The suggestion is information from confidential mediation sessions should be made available to the courts if it is believed there is a risk to a child or parents safety. The Information could include evidence of Violence, and alcohol and Drug abuse. Caroline Counsel, President Elect of the Victorian Law institute has backed the idea and said courts should not be "Blind Sided" by insufficient Evidence. It is ultimately charged with the duty of making orders in the best interests of Children.

If this is what the courts are trying to achieve, then why is Victoria issuing Suppression orders in relation to Child Sex Offenders who have been released back into Society after release from Prison. I agree that Laws should be used to protect People within our society, but they are being used for the Wrong Reasons.  The issuing of Suppression orders in these Sexual Offences cases are potentially putting Children at Risk, which goes against what the Judicial Systems was designed to do, the Courts should take an Open Justice Approach, but instead we are protecting criminals from being named

Broadcaster Derryn Hinch has been before our courts because he has publicly named Child Sex Offenders and as a result he has been charged with Breaching Suppression Orders issued by the Courts. If the chief Justice Diana Bryant is really serious about protecting children then she should also look at how suppression orders are being misused in Victoria.

The family law Act is constantly changing to make the laws even more draconian against fathers, but you have to ask yourself  does The Legal system  have is it's Priorities Right, when it comes to the protection of Children???.

A report into the Deaths of Seven young children reveals some very disturbing Information. A 15 week old baby suffered 3 Skull fractures as well as a fracture to the leg. The Murder Charge against the Father was thrown out due to Lack of Evidence.

Another baby only 14 Months old, died after being admitted to Hospital with severe brain injuries. The Mother's Boyfriend was found not guilty and acquitted of Manslaughter despite the Mother Giving Evidence that her Boyfriend slapped the baby around the head if it cried.

A 12 Months old baby died and an autopsy found the baby's injuries were not accident. Detective's questioned the Mother and Her Boyfriend but nobody was charged with the baby's Death.

A 2 year old Toddler disappeared while in the care of a baby sitter, despite the fact the Toddler's remains were found under a house, nobody has been charged with the Child's Death.

In a high Profile case a 13 month old baby disappeared after being looked after by the Mother's Boyfriend, The Child's body was found Dumped in a Dam. The Boyfriend was Acquitted of Murder.

A five Year old Girl, died as a result of Head Injuries sustained when she hit the floor after her Mother Lost her Grip while shaking her. On a previous occasion the Child had told Child Protection Workers that her Mother's De Facto had caused a horrendous Bruise to Her Face. The Child's Mother received a 3 Month good Behavior Bond.

A 23 Month old Child lost consciousness while in the care of her Mother and Her Boyfriend. An Ambulance was called and Doctors called Police after they found suspicious injuries to the Child's Head. The De Facto blamed the Injuries on a dog Attack, but police believe a dog was not involved. Nobody has been charged over the Child's Death.

Police, Prosecutors and Social Workers said they were seeing more incidents of infants killed by men who live with the mother of the Children. A spokeswoman For a Child Protection Charity said she has worked with Mother's who have been complicit in their Children's Death, there are women who have colluded and protected abusive partners at the expense of their Child's Safety.

A Melbourne Detective has said, Mothers who refuse to put their Dead Son Or Daughter above their current Boyfriend Are Criminal Accessories and not battered Women. Imagine what it would be like if you were a father who was denied access to your children by the family Court, only to find that your child died at the hand's of your ex-wife's Boyfriend or De Facto. It would Be Devastating.

Another High Profile case that has come before Victorian Courts is a woman who gave her 5 Year old Child, Grappa. When the child was taken to hospital the Child's Blood Alcohol Reading was .09. Despite the fact the Mother already had 2 Suspended Sentences, the magistrate said there were "Exceptional Circumstances" and the Mother received another Suspended Sentence.

In another case in Melbourne a woman called her brother and New Boyfriend to come and help her because her ex boyfriend came to her home, they came armed with a Baseball Bat and a knife, the Brother and the New Boyfriend were charged with Manslaughter and sentenced to 6 Years Jail because the Ex Boyfriend was deceased because of the physical confrontation.


Family Violence Legislation is probably varied more than any other by our Governments, but no matter how Draconian you make the laws or how much Intervention orders the Courts issue, if somebody is determined to harm or murder you, the only real protection you have is self Protection. Police cannot protect you 24 hours a day nor can you rely on an immediate response to your call for help to Police unless you're extremely lucky. Victims often don't even get a chance to call the Police for help.

Politicians like Rob Hulls the Victorian Attorney General may promote campaigns that say, Family Violence, Victoria has had enough, but Political Rhetoric just doesn't work. Physically you need to have a plan to protect yourself; otherwise the result of not doing this could have very tragic consequences. You can go to a Magistrate's Court and get an Intervention Order but it certainly does not guarantee your safety, it is only paper thin Protection. So what do you do, ring the Police and hope they will eventually arrive. A taxi driver was attacked in Melbourne and it took the Police an hour to respond.  

What has made it worse for Victims of family Violence is our Court system is snow-balling out of Control and Churning out Intervention Orders in record time. I have seen a Mother of 66 also being taken to Court by her son; she had never been in Court before in her Life. There is no age limits on Intervention Orders and they can be taken out for any reason.

The Victorian Government may be embarking on a 1.5 Million Dollar Smoke and Mirror's Campaign, but unless Rob Hulls does something about Police Response time then his legislation will be Nothing More than a Witless Protection Scheme. Police resources are already being used to curb Drunken Violence on Melbourne Streets, but maybe a better answer would be to restrict the Hours of Hotels and Strip Clubs to stop the problem where it begins rather than putting the responsibility back on to our over stretched Police Force.

Action taken by Police may stop the Violence on city Streets but this has led to an increase in intervention orders taken out by parents against their alcohol and drug affected children. Statement of complaints includes Children banging on Doors and windows wanting to be let into the house by their parents. Some Parents have also taken out Intervention Orders against their sons and daughters because they can no longer have them living with them because of the Drug and Alcohol abuse in their home.

The Premier of Victoria says he is concerned about the emerging culture of Alcohol and a lack of respect. His plan is to restore respect through the Schools. I think The Premier is very misguided if he thinks this is going to solve the states Alcohol and Violence Problem, if Parents can't stop their children banging on Doors and Windows, how does he expect School Teachers to solve the Problem!!!!. Both John Brumby and Rob Hulls need to step Back and Think!!!!.

The Courts have become clogged by unnecessary and Trivial Jerry Springer Style Civil Disputes in Relation to Intervention orders. Many people are attending Court as defendants who have never been Violent in Their Lives. These types of unnecessary Complaints need to be stopped. The Government is aware of these problems but does nothing to get the Courts Priorities Right. The system in Victoria has become an Idiocracy and can't live up to the Rhetoric expressed by Police and Politicians. Victims should prepare for the Worst so they can better prepare themselves against Family Violence, relying on Police and Intervention orders to protect you is very risky and could lead to very tragic consequences. Magistrates don't want to reveal the actual truth to applicants in their courts. It would show how unrealistic the system actually is.

A woman in New South Wales felt relieved when the Courts issued an AVO against her estranged husband, tragically she came home to find her Father and two young Children had been murdered by her estranged husband before he committed Suicide.