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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42658
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I am an American married to an Australian woman. The marriage

Customer Question

Hi - I am an American married to an Australian woman. The marriage has broken down because of her continuing verbal, emotional and physical abuse. She physically assaulted me in Sydney but I never reported it to the police because I wanted her to get help and salvage our marriage.
I have since had to return to America and she has taken up with a new partner. My visa is in jeopardy and I may not be able to return to Australia. I want to report her but don't know if I will be able to return to Australia to do so until November. She extorted money from me by threatening to have me thrown out of Australia if I didn't pay her, sign her lease, etc. so I have to save a good deal of money before returning.
Also, I don't know what chance I have of proving this in court as the only records of physical injury are from an event where she broke my eardrum in Thailand.
What are your thoughts about the best way to proceed?
Thank you.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good MorningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Report her for what? It appears that the matters are ones that have to be reported to the police and because you have left It may be difficult to convince them when you return of what has happened. Do you have any witnesses that can corroborate your version of events?Are you on a spouse Visa?
Customer: replied 1 year ago.
In the US she would be charged with domestic violence, but it seems less likely in Australia.
I don't have any witnesses but have medical records from her incident in Thailand.
I left because I thought my visa was going to expire and have not returned because of the expense/work.
Yes. I have a 309 spousal visa.
Expert:  Leon replied 1 year ago.
Good MorningShe would be here as well. But because of the delay and you not knowing when you are back the police will be reluctant to do anything.If the event occurred in Thailand, you can only have her charged in Thailand. Because you are on a temporary visa, the fact the marriage is over you would not be allowed to stay. Has he Immigration department been advised the marriage is over?
Customer: replied 1 year ago.
Thanks. I think that answers the question. Very different laws/attitudes than what we have in the US.
I'm going to have to hire an immigration lawyer.
Expert:  Leon replied 1 year ago.
Good EveningGood luck with it all. You are very welcome and thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon
Expert:  Leon replied 1 year ago.
I assume the immigration lawyer is for the purpose of the visa not the assault and violence.