VIC Family violence and criminal case by husband against wife

[lemon]

NESB family. Husband nature: authoritative, jealous, sarcatic, greedy, wants divorce (his parents want divorse so he can remarry). He and his parents (often visit son), have many times physically, verbally and emotionally abused his wife. He forces wife to get joint account and then transfer her all saving to this account. This fight goes on for many years. Wants divorce by mutual understanding only (not through court). Couple have four children age 6 years -15 years.

Husband temporary staying with friend. He steels his wife's monetary items of 75000 AUD value and acknowledges on phone to wife that he stolen them. Wife visit husband, he and his friend make her video without her consent. Wife tries to snatch the phone. During this argument even she gets physically abused. Husband, relatives call police, get report written and showing some proof which were not even in the video and wife had not done any abuse to them. They convince police to make criminal case. Police delivers IVO same day to wife which contains the (false) charges laid by husband husband and his friend. Husband returns home to stay. After two days Husband tears off IVO papers in her absence.
In first hearing police tell wife all is clear now nothing to worry about. After few weeks police visits wife and blame her she insulted the court by not attending the second hearing (re criminal charges against her wife not aware of ) which wife was not made aware of. Husband denies of receiving any paper. Who knows where papers went? Wife accompanied by her husband attends second hearing date. Husband insists wife to say only those words what he wants her to say in front of judge. He does not allow her to seek any legal advise. He is keeping an eye on her so that she does not seek any help. Police has taken statement from wife and she denied all charges.
Police is going to take statement again from husband and his friend and will appear on a date set by court.

Wife has been physically abused by husband numerous occasions.
This is the main story now. What is advise for wife (What will happen if both parties say the same statement (as said in the IVO). Will she ever get police clearance as no criminal charges or her police clearance will be affected.
Please advise.

 

[Clancy]

Husband insists wife to say only those words what he wants her to say in front of judge. He does not allow her to seek any legal advise. He is keeping an eye on her so that she does not seek any help.

Ok, well, for now forget everything else, just look at the above line.... what the??

How is he stopping you from seeking help? If you seek help what will he do? Physically stop you? If that happens, call 000 immediately!

Otherwise, try calling someone like this;

WIRE | Any woman. Any issue.

 

[lemon]

Today morning husband physically abused his wife and pulled her hair and still demanding saved money. Threatened wife to take more steps and actions against wife. Wife did not call police thinking if she calls cops then chances to keep family will be finished. very hard.

 

[Clancy]

Today morning husband physically abused his wife and pulled her hair and still demanding saved money. Threatened wife to take more steps and actions against wife. Wife did not call police thinking if she calls cops then chances to keep family will be finished. very hard.

Please call the people at 'WIRE' ..... WIRE | Any woman. Any issue.

 

[Clancy]

If you cannot get to a phone, would you like someone here to report your situation on your behalf? Mebe contact an organization who can go and pick you up and give you a lift to a woman's shelter or something?

 

[lemon]

Thanks. Not sure if this thread is open to public and other part can access to what I am writing here. I do not want other party to know what we steps we are taking. So scared.

 

[SamanthaJay]

Call the police. They will attend and most likely apply for an intermin order and the husband will have to leave the home The police will represent you at court. If you need an interpreter, inform the police during the first phone call.

I doubt you will be able to keep the family together unless you want to live with the abusive husband. He is not going to change. Nobody should live with that. Think of your children. They don't deserve to live with that and neither do you.

What the police do about family violence | Victoria Legal Aid

 

[Clancy]

Good advice from Samanthajay as well.... but we still don't know if you are able to safely make phone calls?

 

[lemon]

She had called police once when he physically abused her and had demanded money from her many months ago. Police did not put any intervention order. Instead told husband to stay away for few days and he did. So husband is clean. Now husband along with his sister have jointly reported wife to police and intervention order taken along with laying criminal charges against wife. There are three witness against wife with no video proof that she did any thing wrong. Wife denies charges. Court will listen to three witnesses (three witnesses are husband, his sister and his brother in law). Husband is taking his sister's side. This sister withdrew her charges during first hearing. But husband and brother in law still stand as witness. I was informed that court may make ( most probably) wife defaulter with imposing some fine. That means wife's police clearance will be tainted forever (she will not get police clearance and she will face problems when looking for job. I am surprised how men physically, emotionally, financially abuse women.
I was informed that Victoria legal aid is not worth to ask for help (they take longer to listen to you and many times not even respond).
Husband abuses and accuses wife and film her reaction as a proof to use this against her to get divorce.

 

[Clancy]

She had called police once when he physically abused her and had demanded money from her many months ago. Police did not put any intervention order. Instead told husband to stay away for few days and he did. So husband is clean. Now husband along with his sister have jointly reported wife to police and intervention order taken along with laying criminal charges against wife. There are three witness against wife with no video proof that she did any thing wrong. Wife denies charges. Court will listen to three witnesses (three witnesses are husband, his sister and his brother in law). Husband is taking his sister's side. This sister withdrew her charges during first hearing. But husband and brother in law still stand as witness. I was informed that court may make ( most probably) wife defaulter with imposing some fine. That means wife's police clearance will be tainted forever (she will not get police clearance and she will face problems when looking for job. I am surprised how men physically, emotionally, financially abuse women.
I was informed that Victoria legal aid is not worth to ask for help (they take longer to listen to you and many times not even respond).
Husband abuses and accuses wife and film her reaction as a proof to use this against her to get divorce.

I would have thought that courts have to take into account that witnesses that are family members will naturally be inclined to support their family member, so its not like 3 against 1 as you think. It is more like your side verses their side, still mostly viewed in legal terms as 1 on 1. As you can understand, we cannot have a legal system where the person with the most family members wins because they have the most witnesses on their side, that would be ridiculous.

Anyway, after reading your latest post i can still recommend you get in touch with these people; WIRE | Any woman. Any issue.