NSW Domestic Violence Case with Partner?

[DropbearWife]

My partner is abusive and controlling. I have no evidence of this (no impartial witnesses or records). My partner is willing to sign a statutory declaration about history but refuses access to a lawyer. I need help drafting the stat dec.

I can't explain details here for safety purposes but I've notified several government departments and domestic violence resources and been put off due to lack of evidence.

I don't have a phone and I can't leave the residence to meet with someone.

I'm looking for help on accessing pro bono legal advice with only online contact.

 

[AllForHer]

I don't mean to deter you, but pro bono online for domestic violence matter isn't going to happen.

Have you talked to the police?

 

[sammy01]

Go to the police, ask for an AVO - It will be granted without physical evidence as long as you can establish that there is a relationship and that you feel intimidated.

You won't need a solicitor - the police prosecutor will look after the case.

 

[SamanthaJay]

Are you in his presence 100% of the time? Does he leave to go to work? If he leaves you alone at times, you need to leave (with the kids if there are any) when he is not home and go straight to the police and report it. They will find somewhere for you to stay and help will be offered.

It sounds as though you are being held against your will if you don't have access to a phone or transport?

 

[DropbearWife]

We don't have kids.

I've been to the police, and Centrelink, and every relevant agency. My husband has set up a series of situations where I'll face criminal charges for his actions. I need this statement from him to get out of all this. He's motivated to give it to me, but not motivated enough to make it easy for me. I can't explain why.

I've already been through the family courts on a related issue. The magistrate reprimanded me and threatened to punitively slap me with a finding that I was a violent abuser unless I withdrew my request for an AVO. The magistrate also told me I was wasting his time and he had real abuse cases to hear with women who had stacks of medical reports and black eyes and broken bones. He told me psychological abuse is just a family disagreement.

I know an abused person is supposed to leave. I'm not complacent or trying to reconcile. I'm already panicking because I don't know if my husband will see this and recognize our situation. Please take what I say seriously. I've talked to people in the past, when I was less restricted.

I need legal help with this statement so I can get out and be safe for the rest of my life.

 

[sammy01]

So pack your stuff and leave. Simple. Go stay with a friend, or save some money and find somewhere else to live

 

[DropbearWife]

I'll go ask somewhere else.

 

[SamanthaJay]

So pack your stuff and leave. Simple. Go stay with a friend, or save some money and find somewhere else to live

Easy to say it's simple. From someone that is presently untangling from a not so simple relationship and is still suffering the consequences, I believe I will be looking over my shoulder for the rest of my life.

DropbearWife, I eventually contacted Victoria's women's legal service and was helped to set up a Skype session with a solicitor who even followed up with me to make sure that I was getting the help I needed. I just did a quick search and there is a NSW's version.

Good luck.

 

[sammy01]

Yes, it is that easy - Sorry, but waiting for someone to help you will be a long wait. Go and ask for assistance, especially when there are no kids involved.