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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I went to the Queensland

Customer Question

I went to the Queensland police to lodge a complaint about my ex husband sending me graphically violent emails, detailing what he would do to harm me, also stating he is ex-police and will, therefore, be protected by the QPS. I also made a statement in which details of all messages were taken, dates etc. I was told at the time, they were keen to investigate as the police take ex-police doing this very seriously.
That night, I received a further email from my ex asking why I was wasting my time giving statements to the police.
I believe I am safer if I don't "poke the bear" as my ex is highly unpredictable when he feels he is losing control over a situation. So, I withdrew my complaint and associated statement the next day, signing the relevant paperwork confirming this.
The police called tonight (5days later) stating they spoke with my ex and he states I called him (I did not) and he is also received threatening emails he "believes" are from me (this is not true). The police also state they confiscated his guns. I am out of ,y mind with fear about how my ex will respond to this.
Can you please tell me, under what authority would they have taken the guns (given I have not received any notification of being the aggrieved on a police protection order)? And what would they still have the authority to investigate, given I have withdrawn my complaint?
Thanks
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good Morning, My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.If they have felt that his emails etc could result in him being violent they have the right under the law do act even though you withdrew your complaint. They have the right to investigate to make sure all is ok based on any suspicions they have,. From what you have told me, his calling them and accusing you of emailing him have raised an alarm to the police and they have acted. If you fear for your safety then the police have done the correct thing and if you ask that he have his guns returned and they do there is a fear that he may use them. It appears they have acted because they believe you may be in danger. I hope this makes sense?
Customer: replied 2 years ago.
It does make sense and I would most certainly never ask that the guns be returned.However, I am also very structured and am looking for the actual legislation under which it is permitted to proceed without victim consent. I do not "blame" the police - they have done the right thing, I am just conscious this has actually made me less safe as I no longer know what he may do. Prior to this, he sent threats and never followed through but there were no consequences. Now there is a consequence for him he is more likely to actually find and hurt me, regardless of whether he has guns. I know this from being with him for many years.I hope this also makes sense. Any advice on legislation or QPS procedures would be appreciated.
Expert:  Leon replied 2 years ago.
I am sorry but I cannot call you at present.
Customer: replied 2 years ago.
I don't wish to be called. I am skint for specific legal advice on Queensland Legislation and associated QPS procedures relating to the investigation of withdrawn complaints in the absence of a police protection order.
Customer: replied 2 years ago.
I would like to express my disappointment at this "Australian" service, noting a clear lack of understanding of Commonwealth and State Legislation and associated Queensland Police Procedures. Legislation and associated procedures clearly indicate the inability to remove weapons without reason in the absence of a Court Order to do so, with the exception of a police protection order or following charges being laid for offences which may have or may in the future, rely on these weapons..I also note in other questions, your use of the term "Sherrif" in reference to the Police or those serving papers and the use of the sporting term MLA In reference to an "Australian" client seeking compensation as a previous professional sports person (no such league in Australia). Finally, I note the provision of this "real time" service from a minimum of three different "Australian" based solicitors at 3:00am. The provision of such a service in this country would cost at least five times this amount.As a Result of a complete lack of an outcome for me, along with you taking the full amount fee, not the deposit, followed by the remaining amount upon my satisfaction. I request a refund of $78AUD immediately. I reluctantly authorise you to keep the agreed $(AUD deposit in good faith.You immediate consideration and acquiescence to this request is appreciated.