VIC Blackmail in vic

[Dpj]

Hi. My ex took $200k from my account. Asked for various things to return funds including paying money to her mum. All this is on text. I would like to fund a Police Station with a clue or a DPP who wants a blackmail case under his belt. My local cop station is near hopeless (when I reported this I got an email from the policeman that said, and yes you're reading it right, "you had a job, you could afford bread. Iso it's a civil matter".

Here is timeline
1) circuit court judge ordered ex not to touch account. Account in joint names (doesn't matter though when determining blackmail)
2) the next day she took $220k out.
3) multiple texts request me to pay her/her mum monies I did not owe in return for the funds.
4) bank account was previously listed as conflict. I got bank involved who had to get funds from multiple accounts to return it. I have a letter from the bank saying they retrieved funds (in contradiction to my ex's aberration that 'once I realised what I did was wrong I returned funds'.

In my opinion the below are met but I'd love to hear other opinions.

• That you made a demand; (that I pay her mum etc to have funds returned)
• That the demand was unwarranted; (judge order was not to touch account. It seems clear it was unwarranted)
• That the demand was made with menaces;
• That the demand was made with either a view to make a gain for yourself or another or with intent to cause a loss for another. (Loss of funds for me. Undue stress. Gain to her and her mother)

I am unsure what 'demand was made with menace' constitutes. I found this in google and seems that it has been met

“Menaces” refers to a high degree of coercion – so “demanding money with menaces” refers to a person threatening to do something the victim would not wish them to do if payment is not made

 

[MDaB]

Here are my thoughts.
Based on what you are saying it is a Joint Account? If so, I don't think all elements of 'Blackmail' are met.

The must be a 'Demand' with a view to Gain or Intent to Cause Loss.
How can this element be met, if it is a joint account?
You mentioned a court order not to touch the account. Surely this is your best course of action?

Cheers

 

[Dpj]

Because Judge had ordered that I was the only one to have access to account. The judge actually highlighted in a hearing just 24hrs earlier the wife is not to touch the account under any circumstance. The bank also knew it was a compromised account - hence why funds were retrieved by the bank.

She attempted to gain by asking me to pay her mother $55k to return funds.

 

[MDaB]

So you need to go back to Court and inform them she breached the order.

The Police may be correct in this case and it may be a Civil Matter, not criminal.

 

[Dpj]

They were interim orders and I have my money back so no point really. Just want her to face some consequences for continued bad behaviour.

 

[MDaB]

OK