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Bitter separation

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  • Bitter separation

    Hi,
    have been with my partner (not married) for many years now. She has always been very fiery with her temper over the years however in last couple of years it’s only got worse. She will go hammer and tongs at myself or either of our 2 children even over reasonably minor things which are often not really mistakes or actual wrong doings for the average person but more that something hasn’t been done as she would like it?
    basically I’ve come to the stark realisation that I’m the victim of domestic abuse….. I’m no shrinking violet having been a boxer for many years in my youth. However I’ve realised that she now dominates my life and actually micro manages many aspects of it. Things came to a head recently and we had a big row which saw her throwing heavy objects at me, punching me and also making efforts to break work equipment…. I’ve since told her I don’t love her anymore and I want to separate. This is the rub as she’s being very vindictive now as I expected she would…

    we own the home together on a joint mortgage although I’ve paid the mortgage solely from day 1 and put up the deposits etc. I can’t afford to move out as have nowhere to go and cannot pay rent and a mortgage etc…. I’d be basically homeless… We have a good amount of equity in the house so I suggested that we simply sell, split the proceeds and go our separate ways…. I would also provide financial support to her and the children and help her get a new place. However she doesn’t want to play ball atm…
    also she has recently said she will lock me out the house AND sabotage any work calls I’m on etc… basically make my life hell in order to make me leave…
    I don’t know what to do for the best here.. I know I have the right to live here as a co owner however she said she wants me out. She has also started to say that I’m threatening her etc (I’m not I promise as the kids will attest to - have footage of her assaulting me in fact) which makes me think her angle is to try and get me kicked out for (non existent ) threatening behaviour…

    what are my rights? What do I do here?

    ive told her I will call the police if she assaults me one more time and that seems to have done the trick for now as she’s held back during the most recent arguments where she would normally throw my things around or attack me.

    please someone help.
    Tags: None

  • #2
    I think you need to urgently retain a solicitor to act for you, so as to apply to the court for a non molestation order and an ouster order.

    Comment


    • #3
      What’s an ouster order please?

      Comment


      • #4
        Also, can she legally lock me out of my own home? What do I do if I come home to a locked front door from the inside? Can I call the police?

        Comment


        • #5

          Ouster Order - see https://www.bartonfamilylaw.com.au/ouster-orders/

          You can certainly call the police. You do not commit any offence by breaking into your own home. The police will not assist you in breaking in but they will prevent a breach of the peace.

          The fact that you are asking this question demonstrates that you need a solicitor pronto and you need to get the orders I described ASAP.

          Comment


          • #6
            I had the same problem. I asked my solicitor and he gave the same answer as EFPOM. Police were called by other side but went away again after being told the situation.

            Comment

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