No Conviction, No Findings—So Why the Lifetime Record?

 

 

 

 

 

An Accusation Should Not Become a Life Sentence

The problem is not that interim Violence Restraining Orders (VROs) exist. Protective measures are important.

The problem is that even when a restraining order application is dismissed and no wrongdoing is found, the allegation can remain on the accused person’s record indefinitely—while the person who made the allegation carries no record or consequence at all.

This petition calls for fairness and due process.

What Happened

A neighbour applied for a Violence Restraining Order against me, alleging “stalking” for actions such as:

Taking photographs from my own property to obtain legal advice about a building compliance issue
Speaking with builders and tradespeople
Contacting the local council about legitimate neighbourhood concerns
The neighbour was not present when the photos were taken. The allegation relied entirely on what others said. I was never asked to explain my actions.

Later, the council confirmed in writing that my conduct was not excessive or vexatious, and a local councillor was actively assisting multiple neighbours. None of this was heard.

An interim VRO was granted anyway without my presence.

No Real Opportunity to Defend Myself

The applicant did not attend the procedural hearing
There was no final hearing
No evidence was tested
No findings of fact were made
Eventually, the application was dismissed due to lack of evidence.

But the damage was already done.

The Lasting Consequences

Despite no conviction and no adverse findings:

The application appears on my police record
It appears on my Working With Children Check
I lost my career and reputation
The record says “dismissed,” but it can never be removed. Unlike criminal convictions, there is no pathway to clear your name after a failed restraining order application.

An Unfair Imbalance

From the moment an application is made, the accused person is treated as the “perpetrator” and  suffers lifelong consequences.

Meanwhile, the person who made the allegation:

Carries no lasting record
Faces no consequence if the claim is unproven
Can make further applications without restriction
One person bears the stain forever. The other walks away untouched.

Why This Matters

The threshold for applying for a restraining order is low
Interim orders can be granted without the accused being present
Even when an application is dismissed, mud sticks
This system allows untested accusations to destroy lives.

What Must Change

We call on lawmakers to:

Ensure dismissed restraining order applications do not appear on police or Working With Children records
Require that only proven findings affect background checks
Protect vulnerable people without permanently punishing the innocent
A Call for Fairness

No one should lose their livelihood or reputation because of an unproven accusation.

Protection should not come at the cost of justice.

Please sign and share if you believe in fairness, due process, and the right to clear one’s name.

This petition is submitted under a pseudonym for privacy and safety reasons.