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I dont know if you can help me. But im back in an abusive…

Customer Question
Hi, i dont know if...
Hi, i dont know if you can help me. But im back in an abusive relationship ive already left once n left the family home behind. Ive returned secretly but that includes the government i want out but hes threatening to dob me in for getting single mothers pention even though he takes the money
Submitted: 11 months ago.Category: Australia Law
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Customer reply replied 11 months ago
He threatens me i will get done for fraud but ive had no other choice he dosnt help me out at all to support our 3 children & the house is in his name not mine and so he says he will throw me out n then ill b homeless and barred from any assistance from the government �� I could even be facing jail time. But the abuse has escalated n i fear for my childrens wellbeing im scared hes gunna scar them for life ��
Customer reply replied 11 months ago
Hes also got my hooked on drugs n controls me that way. I feel so helpless and trapped. I want it all to stop but it seems he has me blocked from every angle because now hes got me on drugs he said hell get the kids taken off me ��
Answered in 2 hours by:
9/16/2017
Solicitor: John Melis, Lawyer replied 11 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,544
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly.

Kind regards
John Melis

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Solicitor: John Melis, Lawyer replied 11 months ago

Dear customer, in relation to your important matter, where you are in an abusive relationship, you can seek a family safety order (AVO) against your partner to protect you and the children. All you need to do is contact the police and they will file an immediate application on your behalf. The alternative is to have a solicitor file an application for you.

The law will come to the aid of you and your children with protection when you reach out for that help.

If you would like to discuss this matter further by telephone, I welcome you to request those services.

If you have any further questions, I would be pleased to answer those for you.

Kind regards
John Melis

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Customer reply replied 11 months ago
No, ive already been n the police put AVO on him last time i left but they dont actualy do anything about it when its breached which he did on many occasions. He even broke into my new house he tracked me down n i woje to him standing over me. He even turned the sensor light off outside so i wouldnt know when anyone was sneaking up on me. I went through court n have full custody of my kids.. but thats when he turned it on after he lost in court. N sucked me back in through the kids. Do i still have rights to our house if i lived hear over 5 years? N will i go to jail for claiming single mother when living with him? Even though he had no ligitamte income??
Customer reply replied 11 months ago
You realy havent answered any questions & seems like ive just got an automatic response. This is alot of money i realy couldnt afford n im in a horrible position trying to get advice n you just took my money n gave me no information? Your just trying to sell me a $7 phone call
Solicitor: Daniel, Solicitor replied 11 months ago
Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5,984
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Verified

Hello
I can perhaps assist.
Ok, the home, is in his name, sadly he does has a right to have you removed as a consequence.
You can seek a property order however to have him buy you out as you do have the kids and are entitled to a pay out figure to set yourself up also.
If he cannot afford the refinance, then the home needs to be sold and assets split.
As a rough rule of thumb, 3 kids equates to 60% of the property settlement in your favour.

In respect of AVO, it is as only as strong as a police officer dealing with any complaint made by you.

I think you should seek alternate accommodation or in short emergency accommodation to rebuild your life, then seek a settlement.

I would not be too concerned as to the threat of going to jail. It is just an empty threat.

In short, you need to act now. In family court, your argument that he is controlling and generally awful fall on somewhat deaf ears, if you choose to remain there with the kids. The court will be of the view that you should make arrangements to leave the toxic environment.

I wish to assist you in this matter.

Please click accept / rate my service with the STARS PROVIDED. I am able to answer further questions after doing so at no further cost.

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