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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44692
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I was in a violent marriage-i now suffer from extreme

Customer Question

i was in a violent marriage-i now suffer from extreme anxiety & panic attacks PTSD-as the statute of limitations for criminal ? is past can i sue him in a civil court for ?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.

Are you divorced? If so when did this happen?

Customer: replied 1 year ago.
I suffered domestic violence for for approx 18 yrs but always was fearful of reprisals if i went legal. however i have remarried but suffer anxiety & panic attacks due to the past beatings & rape from my ex. I am so tired of feeling this way every day and i want to stand up against domestic violence. i am suffering and it would be good if i could make my ex accountable
JA: OK. The Lawyer will need to help you with this. Have you talked to a lawyer yet?
Customer: not yet - i want to know if i can do this in a civil court because the statute of limitations has passed in a criminal court - thanks so much
JA: Anything else you think the lawyer should know?
Customer: yes, he denies everything to my children - i would forgo monetry compensation if he told them the truth
Expert:  Leon replied 1 year ago.

Good Afternoon

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.

I am sorry to say but unless the last incident occurred in the last 2 years you are out of time. Also there is a requirement that the perpetrator has ben charged with assault.

If not you cannot sue. The only access you have is for victims compensation but that has to be attached to a criminal offence.

Having not reported any of it and the police not having charge them you cannot claim compensation.

If the last incident of violence was in the last 2 years you can report now and make a claim Otherwise there is nothing that can be done.

I am sorry to be the bearer of bad news.

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.

Regards

Leon

Expert:  Leon replied 1 year ago.

Good Evening.

I am following up my last post. Do you still need assistance?