VIC Separated under one roof, do I have any rights?

[BBBBB]

Hello
My Ex and I have been separated under one roof , our 16 year old daughter is also with us.
We were married for 30years.
He ceased communicating with me once I told him I want a divorce and we need to discuss a parenting plan and property settlement.

That was 8mths ago, he has stone walled me ever since, except to throw abuse and derogatory insults.
He does this in front our daughter, which is causing her anxiety and fear, he no longer talks to her either, except for the odd profanity.

I have tried to reasonably negotiate with him as we need to sell the house.
Since December 2021, he locked me out of our double car garage, garden shed and Carport, keeping all his stuff safe and secure, a lot of what's in there is also mine.

I have most of my posessions packed in tubs which were stored in the house, and my bedroom, but every time I leave the house or go to bed, he steals my stuff and locks it away in garage, for example, Hairdryer, straighteners, new Dyson vacuum, which I need for work as I am a domestic cleaner.
2 days ago I put all my possessions in our tiny laundry, secured it with new lock, as there is nothing of his in there, it is also not adjoined to the house,
however, on returning from school pick up, he has destroyed the lock so now I can't even get in there.

I have an FVIO since 18th Jan, he has breached this numerous times, I have gone to the police and made a statement, however, he just keeps stealing harassing, abusing and bullying. I need to protect my daughters mental health.
My solicitor has sent him letters to which he ignores.
I fear we are stuck in this situation as I cannot afford to go anywhere until I have some sort of property settlement to move on.

 

[Rod]

Tell him you are serious and must start to co-operate else you will both suffer financially and the lawyers will win. Do not make threats such as "or else I'll go the police and have you thrown out". That may encourage him to get in first.

If the above fails, then:

1. Ask the police to charge him;
2. Apply to vary the FVIO (ie exclude him from home);
3. Play it cool until 1 and 2 are completed;
4. Initiate Family law proceedings.

If your lawyer doesn't practice in either of the above areas our team can assist.

BTW, ask the mods to redact your first post as you may be identifiable to your ex because of the detail you have provided.

 

[BBBBB]

Thank you for response,
I have begged pleaded with him for last 8mths to negotiate fairly.
To avoid destroying each other in front of our daughter,
but its like head butting a wall.

 

[Tim W]

Thank you for response,
I have begged pleaded with him for last 8mths to negotiate fairly.
To avoid destroying each other in front of our daughter,
but its like head butting a wall.

Well then, stop.
He's clearly not somebody with whom you can negotiate.
You can't fix this. In particular, you can't fix this.

I agree with the suggestions from @Rod.
Hard truth is though, you will need a lawyer yourself to help you.

Depending on how good your evidence is, consider an FVIO to get him out of the house.

 

[BBBBB]

Thank you, I asked the mods to remove it last night.
I do have a solicitor, I believe we are starting court proceedings very soon.
But in the meantime it seems he is above the law with regards to boundaries and theft of my property