ACT Troubling situation with abusive person

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Luna Tray

Active Member
4 June 2018
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1
34
Just a warning, this question involves mentions of violence.

When I was 15 I was raped while passed out by a 20 year old man. He at first claimed he just fooled around, but months later I found out I was pregnant. I'm autistic and narcoleptic, I told the people around me but was basically told with my conditions I shouldn't have been drinking, so I was also to blame. I had the baby, my sin, the father was physically and verbally abusive, hardly ever showed up and after two years I sought legal advice from two lawyers.

The lawyers explained that they would help me prosecute for r**e charges but I had to be ready to lose and hand my child to visit with an angry abusive rapist. That scared me and I didn't take that risk as three visits a year (how often he showed up) sounded better than potentially fortnightly visits. So I got a DVO against him for two years, he just wasn't allowed at my house, we had visitation in public places instead. Oh and I should say, I was too scared to push for child support in case he harmed my son in revenge.

He kept only visiting between 3 and 5 times a year, when my son turned 13 I decided that he was old enough to communicate directly with his father who had a new family and was off drugs. The toll it took on me to communicate with my rapist was too much and, although accessible by email, I didn't want him to have my new phone number, just my son's. And that changed everything.

As soon as he discovered he didn't have my number he started contacting my son every day. My son is very awkward and uncomfortable around his father and asked me to make it stop. So I sent a cheery email to my son's step mother asking for things to slow down. It sped up. Today he messaged my son some gross lies about me. So I sent another email refuting his weird claims and asking for my son to be respected and for my privacy to be respected. His wife did not take kindly to that, called my son names (she doesn't know him) and treated me just terribly. My son feels unsafe and anxious around his erratic father and I feel extremely unsafe myself.

I am terrified about what they might do, and as an autistic person, I'm highly anxious. My question is, what are my rights here? How can I legally protect my son and myself without risking more fear and dire consequences? I'm at a loss, any help would be brilliant. Thank you for reading.
 

sammy01

Well-Known Member
27 September 2015
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I am terribly sorry for what has happened to you.
My advice
cancel the email account
Refuse all contact with dad.
Contact Child support.
Easy.
 

AllForHer

Well-Known Member
23 July 2014
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2,894
What a very difficult situation, I hope you have a good support network to help you cope with past traumas.

If you don’t have any parenting orders, you’re at liberty to do as you see fit as a parent. If Dad wants, he can file for parenting orders through the Court, and there’s no way of knowing what the Court will decide, but given the child’s age, the Court will give his views significant weight. If he tells the family consultant that he doesn’t want to see Dad, that will be conveyed to the Court and there’s a good chance the Court will make orders along the lines of ‘that the child spend time and communicate with the father in accordance with his wishes’.

But there’s absolutely no point in stressing about Court proceedings until the application is sitting in front of you. If he hasn’t sought Court orders by now, he probably won’t.

So for now, do what you feel is best for your son. Block dad’s number, stop reading and replying to his emails, sever contact.
 
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thatbloke

Well-Known Member
5 February 2018
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I am sorry you have had such a horrible experience
I know of someone in VIctoria who managed to get an 18 year IVO against their ex husband to protect both them and the child from any kind of contact. This happened a couple of months ago. I dont know the rules in the ACT but it might we worth talking to someone about it. Obviously i cannot make their name public but this is their story

Giving hope to survivors of family violence | Victoria Legal Aid
 

Clancy

Well-Known Member
6 April 2016
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What kind of supporting evidence do you have? Abusive text messages/emails? witnesses?
The lawyers would have advised you to keep a detailed diary of all the events yes?
 

Luna Tray

Active Member
4 June 2018
5
1
34
What kind of supporting evidence do you have? Abusive text messages/emails? witnesses?
The lawyers would have advised you to keep a detailed diary of all the events yes?

Yes I have emails and texts saved, plus my earlier media from the last time I sought legal help. I've been careful to communicate via text and email for years so that our interactions are documented.
 

Luna Tray

Active Member
4 June 2018
5
1
34
I am sorry you have had such a horrible experience
I know of someone in VIctoria who managed to get an 18 year IVO against their ex husband to protect both them and the child from any kind of contact. This happened a couple of months ago. I dont know the rules in the ACT but it might we worth talking to someone about it. Obviously i cannot make their name public but this is their story

Giving hope to survivors of family violence | Victoria Legal Aid
Thank you so much, I'll look into that case!
 
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Luna Tray

Active Member
4 June 2018
5
1
34
T
What a very difficult situation, I hope you have a good support network to help you cope with past traumas.

If you don’t have any parenting orders, you’re at liberty to do as you see fit as a parent. If Dad wants, he can file for parenting orders through the Court, and there’s no way of knowing what the Court will decide, but given the child’s age, the Court will give his views significant weight. If he tells the family consultant that he doesn’t want to see Dad, that will be conveyed to the Court and there’s a good chance the Court will make orders along the lines of ‘that the child spend time and communicate with the father in accordance with his wishes’.

But there’s absolutely no point in stressing about Court proceedings until the application is sitting in front of you. If he hasn’t sought Court orders by now, he probably won’t.

So for now, do what you feel is best for your son. Block dad’s number, stop reading and replying to his emails, sever contact.

Thank you so much, I think that is very sound advice. I will most certainly make use of my support network and do what's needed, thank you again!