Friday, June 6, 2014

I live in a house where I do not feel safe


Frank, I'm 16 years old and my sister in law is 23 she is a very big girl but I'm tough she pushes everyone around but I'm to proud to let her do it to me, she owes me $750 and has stolen lots ps3, ps2 games and jewelry from me. She gets very physical when we get into fights everyone else in the family leave the room because we scream at each other and use very crude words. She then gets to the point where she starts to beat me I struggle to get free and push her away. She beat her ex bf but the only witness was me and my mom refused to get involved it ended out that he got all the blame and had a TRO put on him and he was no longer able to see his kid, I feel guilty about this because I know she was the one throwing the punches and its not fair for him to loose his kid which he loves so much. I to love my nephew greatly and have gone through a time when my whole family abandoned me in fear of loosing the right to see him because she had claimed I was dead to her therefore did not exist and was not allowed near him. When in front of her I pretend not to be scared and yell back just as loud and angry but she is a lot stronger then me and I'm terrified of her. Is it alright when she goes on a rampage against me to call the police and have her charged with assault and get a TRO, but living in the same house how will it work? One or the other would have to leave right?
Justin. 


Sorry to hear about this, it sounds like a very difficult, stressful and potentially dangerous situation. Definitely you all are a very dysfunctional family and if this is all true your sister she is a borderline criminal. I am not an attorney or a police officer but this is my point of view.

It may depend which state you live in but in Victoria it is possible to get an Intervention Order (similar to Restraining Order) on someone who lives in the same house as you. The order will often state things around what sort of behavior is unacceptable (threatening, physical harm, intimidation). If the person breaches this order then it is possible that they could be charged. In addition a TRO or a TPO are only valid for individual’s that respect the Law’s., otherwise are only a paper.

You can find out more about different orders from Legal Aid in your state/territory. A list of Legal Aid services around Australia can be found here http://www.nla.aust.net.au/ 

Even without any kind of order in place, physical assault such as you have described is unacceptable and you can call the police. What she is doing may well be grounds for pressing charges. If an Intervention Order is granted, it can help you stay safe but only if your sister in law follows the conditions set out. Call the police or try to get away safely (and then call the police) if you are in any danger.

It sounds like this is not a very good situation for you and it may be good to have someone to talk through your options with. Being 16 may effect some of your housing options but it would be worth discussing this further with a support service for young people. Perhaps try starting with Kids Help Line (they help teenagers too) who can talk you through a few things and refer you to a support service in your area. You can call them on 1800 55 1800 or chat to them online at http://www.kidshelp.com.au/

Good luck!
F.C.Investigations
Frank Crescentini
California, State Lic. PI18368



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