by Matt  15/08/2019  0 Page Views
0 Comments  Family & de facto law, financial agreements, consent orders

Hi,

While we were in country A, my ex initiated a physical fight which I defended considering she was using hard and dangerous objects to hit me. I have xray as proof for the injury caused by my wife on that day. My ex lives in country A and after the incident, I moved out of the house and never lived together with my ex. My ex and I are both are Australian permanent residents. We have been living separated for more than a year. Later I moved to Australia following several threats from my ex and her family to kill me or put me in jail making false accusations. After moving here there were several arguments and mutual threats between me and my wife. We have two children together and my ex sent children to her parents who lives in country B. At the moment, I live in Australia, ex is in country A and children are in country B.

My ex visited Australia early this year for 2 weeks, tracked my address and filed for a DVO against me and left the country. She got permission from court to attend the mentions over phone. She has been lying to court that children still lives with her to ensure all decisions from court favored her. She also moved all money from our joint mortgage offset account to her own account and now I am in a position that I cannot afford legal costs to contest the DVO. 

I live in NSW, ex lives in country A and she has filed a DVO in QLD.

Court has scheduled my hearing which my ex and I will have to attend in person. I sseked legal advice ad I have been told by a few that it is not worth contesting the DVO considering my wife claims that children lives with her and court's decision will favor my wife even if she was wrong 100 times and I was wrong only once. Since my wife lives outside Australia, I am in a situation where I also cannot file a cross application or a new DVO against my wife for the domestic violence against me. My ex is somehow tracking my life in Australia and knows where I live, my vehicle model and registration number and even my google payments (she has kept these details in her DVO) even after I moved to Australia. 

I have always been a man of good character in any country I lived in. I really do not want a bad character record as I start my new life in Australia. Is it worth contesting with DVO? How can I make a cross application considering my wife does not live in Australia and the court has already scheduled a hearing for her DVO application?

Thanks,

Matt