Family Dispute and Emotional Abuse
The individual, residing in Victoria, Australia, is living in a house owned by a family member, without a formal lease or bond in place. They have experienced significant emotional abuse from this family member, who often monitors the individual's movements and controls access to the home. The individual reports that the emotional abuse occurs frequently. They are considering obtaining an intervention order as a means to stop the abuse and threats, while hoping to retain their residence at the property. Legal, emotional, and housing support are being sought to address this challenging situation.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan I apply for an intervention order against a family member even if I am living in their property, and how might this impact my living situation?
Yes, you can apply for an intervention order against a family member while living in their property. The order is intended to protect you from family violence, including emotional abuse. If granted, it could limit the family member's behavior towards you and potentially restrict their access to the property, depending on court conditions. However, since they own the house, this may affect your living arrangements. It's advisable to consider alternative housing if necessary and seek legal counsel to explore potential outcomes.
What are my rights concerning tenancy when living in a family member's property without a formal lease?
Living in a family member's property without a formal lease means you may not be fully protected by tenancy laws. However, you might still have certain rights as an occupant, such as protection from unlawful eviction and basic living condition standards. Documenting any agreements, even if informal, can be beneficial. If disputes arise, mediation services may also be an option.
How can I address the emotional abuse from my family member given this situation?
To address the emotional abuse, you might consider seeking an intervention order, which can legally restrict the family member's behavior. Additionally, exploring family mediation services could help resolve underlying issues in a more constructively controlled way. Pursuing legal advice can offer tailored guidance based on your specific situation.
What steps can I take if the family member continues to monitor me without my consent?
If you are being monitored without consent, you may take the following actions: 1. Privacy Law: Report privacy violations to relevant authorities, as unauthorized surveillance in private spaces is illegal. 2. Legal Counsel: Seek legal advice on further steps, including possible injunctions against such surveillance. 3. Communication: Discuss altering access or disconnecting surveillance temporarily.
If I successfully obtain an intervention order, how would this impact my living situation?
If successful, the intervention order may restrict the family member's behavior towards you, but it does not automatically grant you rights over property access. Negotiation regarding continued residence may be necessary, and seeking legal counsel could clarify your rights.
Does notifying a family member of revoked power of attorney lead to any repercussions?
Revoking power of attorney requires notifying the individual in writing. It’s advisable to obtain acknowledgment of the revocation. If there are threats or harassment involved, considering legal measures for safety may be wise.
Can police assist in obtaining an intervention order?
Yes, police can assist in obtaining an intervention order if they assess that you are at risk of family violence. Documenting incidents of abuse and threats can help in their assessment process.
