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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44368
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My wife has just had me banned from the home hours.

Customer Question

My wife has just had me banned from the home for 24 hours. Police order. As I did nothing more than to sit in what she considers her area of the house & of course I am not privy to what she reported to the police, could she be using this as method of swaying the family court to an early property settlement? Is she able to have me permanently banned from the house
At this stage?
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. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.Anything is possible. You are lucky that they have not taken out an intervention order. If she can convince them and the court that she fears fro her safety she may get an intervention order that can ban you from staying at the house. I hope this makes sense and is of assistance. I would suggest you start keeping a detailed diary of what goes on. If there is nothing further 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
Customer: replied 1 year ago.
Thank you
As things stand I would not be surprised if she tries for an intervention order. While I do not believe she has any grounds and certainly no history to call on. Can you advise what sort of timeline I have and do I have any recourse speak up in my defence if required? Is the court system likely to take her word for this?
Expert:  Leon replied 1 year ago.
Good MorningAt the moment with what you have advised, there is no court action and there is nothing that can be doneIf the matter is listed in court then you have a right to defend the false allegations. If she raises this in the family court then you can respond to the allegations there. But at present be patient and keep a detailed diary of what happens conversations etc so you are ready to draft a details affidavit.