NSW Alleged Verbal Abuse - Can be Sued by Ex Wife?

[Rex Hardy]

My wife and I have been separated for 4 months (separation). She claims I was verbally abusive. Is she able to sue me for verbal abuse? If so, in which court? If she tries to, what are my options?

 

[Sarah J]

You ex wife can certainly bring an action against you. She can do so directly under civil law or indirectly through the police under criminal law. This will of course depend on what kind of verbal abuse she is alleging.

It is difficult to advise as to which court it will be heard in without knowing the extent of the domestic abuse, and whether she wants to initiate a personal action against you (civil law) or a criminal action by complaining to the police.

It could either be heard in the Family Court of Australia, the Local Court or the District Court.

 

[Sophea]

Under social security law and family law, verbal abuse is considered family or domestic violence. It includes :

• emotional or psychological abuse
• economic abuse
• threats, or
• coercion
• other controlling or dominating conduct.

Victims of family or domestic violence have the following options available to them:

• applying for a domestic violence order to stop the complained behaviour
• applying for an urgent temporary protection order
• requesting the police to press charges against the perpetrator.