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How do I initiate charges of assault on my son if police won't ?

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Can anyone advise me how to have charges brought against my sons grandfather?

At a changeover for my children my son aged 5 had an enormus bruise and finger welts to his throat a simple question"what happenned ? recieved the answer "Poppy Did It" according to my son he wouldn't hand over a tv remote, but reason will never be justified to grab my son by the throat , immediately i took my son to the nearest police station where he personally gave a statement to the constable who in turn documenteted and filed a report with the C.P.I.U > branch , who by the way waited more than 3 weeks to follow up then a further 3 weeks to tell me they asked the accussed and he denied it good enough for them..and to add salt to the wound instructed me that i was causing emotional harm by taking my son to the police to report it?

Problem lies in the fact that the accussed's son is in fact a police officer i smell a cover up. Photographic evidence that has been certified at police station has been circulated to ICL, Child safety Cpiu yet everyone chooses to ignore and continually allow my son to be in danger , dvo already in place against the " poppy has had extra conditions added and my sons mother took out a true court undertaking to be the only disciplinary of my son yet officials dont seem to see a problem , is this because i'm the dad , Evidence was in affadavit before court and was hoping to have magistrate raise charges as police wont but at last minute a consent to changes to dvo to avoid a proper hearing… can any one help me find where to turn.
There have been changes to the ADVO which I assume are for protection of the named party being the child. What else is required? You mention you have circulated material to the ICL and Child safety Cpiu (I am not familiar with Cpiu) JIRT are the child investigative arm of the Police in NSW. If the child is now protected under the extended terms of the ADVO what additional expectation do you have? Are you looking for a custodial sentence specifically or what action do you expect? The penalties available are laid out in the sentencing Act.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
I'm sure you're angry and upset, but you've got to take an objective look at the facts - or at least the facts you've posted.

'Police cover up' aside, there are problems getting a case up in respect of assault by the GF.

1. Your son is 5 years of age. 5 year old's are not 'reliable witnesses of truth' - especially in the context of a parental disputes. And if your dealing with NSW JIRT (based in Kogarah) - I'd suggest they would be very wary of allegations arising in the midst of a custody dispute. I think I hammered that point home to them in 2009/10.

2. How do you get you son's evidence? Are you going to put hi in the stand? How does he write an affidavit/Statement? More likely he'd need to be interviewed and recorded on video. Who's going to do that if not the police? The child would have needed to be interviewed shortly after the alleged assault.

3. Have you been questioning your child about the assault? If so, reliability becomes an issue again. i.e. 'contamination' of the child's evidence through questioning by an adult.

4. Lets say you got rock solid evidence from your 5 year old, presumably the GF is going to deny the assault. Without additional corroborating evidence - mostly likely from another witness - the sum game will be a 'he said, he said' situation.

So there are some real issues in running an assault case against the GF given matters around evidence - 'police cover-up' or no 'police cover-up'.

4MYDAUGHTER
My experience on these things is from victoria, here the police who handle these things is called SOCA, not every police station has a SOCA unit and I have heard some rock solid cases of abuse on a child being let go because it was reported at a regular station and then passed onto the SOCA unit. My experience is it can take several weeks before they interview the alleged abuser, and even several months to actually charge them.
I think it may have had more weight to the claims if you had seen a doctor who could have verified the marks were the creation of what your child was telling you and then passed through to the police or dhs. It seems listening to some cases this has more standing.
You can request (at least in vic) that you wish to know why they did not charge the alleged abuser, normally it will be not enough evidence, they believe the child may have been coached and so on.
were the photos taken by the police or yourself?
photos taken by the police or doctor hold more weight than a photo taken by you. you can actually request they take the photo. Is the grandfather still in contact with the child, live in the same house or at least required to be supervised?

evidence is rock solid.

To supply further information on this matter my son actually stated to the constable who filed the report with the child protection investigation unit . my son was at police station within 5 minutes of me receiving him at changeover.the police officer asked me what happened i refused to offer statement i have experience with dealing with them all facts were disclosed by my son and i have seen the actuall report the constable filed.The photographic evidence was taken in the police station and has been certified to its authenticity and time of taking by the justice system. The gf has a history of abuse with other grandchildren and i have tried to have such evidence supoeaned. from what i can establish only qld police prosecutions can raise charges. surely there is a way to seek justice. The gf has a current dvo against him as do 4 other members of the family including the childs mother. there is a current court undertaking restricting the gf from any disiplinary action with the children.the gf dvo was ammended in magistrates crt after incident to include children. the son of the gf is a police officer that has served in the local stations.
Guest said
…..The gf has a current dvo against him as do 4 other members of the family including the childs mother. there is a current court undertaking restricting the gf from any disiplinary action with the children.the gf dvo was ammended in magistrates crt after incident to include children. the son of the gf is a police officer that has served in the local stations.
There is no such thing as a court undertaking restricting the Grandfather from any disciplinary action… There will be an undertaking between the parties to the matter restricting the Grandfather from any disciplinary action.. IF THAT is what they have agreed.

IF the child is now protected through undertakings which frankly are fairly well worthless as they are not enforceable, is there a need to further deal with the Police in this matter? You can consider taking a private case. It takes time and will be costly. What is the result you want. Do you want the Grandfather to have a custodial sentence? What will you achieve now that there is a protection order in place? Do you just want to "get" the Police officer who is the son of the grandfather? What is it that you expect to get from this? If you want to have assault charges filed you need evidence and solid evidence. Why is the child seeing the grandfather. If he is your father (The grandfather) why have you not told him that the child will not be presenting until you are satisfied of the child's safety.. How is the "ICL" involved? Is this a current Family matter before the Family Courts?


Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
Was the boy interviewed by the police and was that interview video recorded?

4MYDAUGHTER
no the officer deliberately did not want to interview my son properly , but i do believe that there would be video from the cctv at the police station at time he gave statement to the constable there...
CCTV footage is not what I'm talking about. I'll go back to my earlier post. As I've explained before there is a problems with the evidence.

As I've mentioned on posts before, just because you don't understand some of the technical evidence considerations, don't then draw a conclusion that the police MUST be plotting against you.

4MYDAUGHTER
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