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‘My whole life is in that house’: survivors fleeing domestic violence can lose much more than their home

In Australia, victim-survivors can only take out property recovery orders before an apprehended domestic violence order (ADVO) is finalised.

This leaves victim-survivors a short timeframe to get their property – during a time when they are also dealing with leaving a violent relationship. Once an ADVO is finalised, they have few options.

“If the victim-survivor doesn’t think to mention certain belongings they can miss the boat and it can then be too late to recover property without going through a civil legal process,” Opdam said.

If a perpetrator disputes ownership over belongings listed in the recovery order, victim-survivors face a lengthy and costly legal process. Opdam said the centre often sees this issue with assets, particularly cars.

“Even if the car is worth say $5,000, and it’s their only mode of transport, the minimum they would have to pay a private family lawyer can be $8,000,” she said.

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But her husband disputed her ownership over a number of the belongings – including her daughter’s toys, camping equipment to help set up the caravan she had moved into, and photo albums – and so the court did not give her permission to take them.

Shortly after Tessa fled from the home she owned with her husband, she returned with a police escort to collect some of her and her daughter’s things, including clothes and blankets.

Tessa and her daughter lived in a caravan on a friend’s property for eight months, but she continued to pay half the mortgage on the house she owned with her husband for almost a year after she left.

She stopped earlier this year so she could afford to move into a rental and give her daughter a stable home for when she started high school.

After failed mediation through hers and her partner’s lawyers, she is now taking the matter to the family court in in order to get a settlement on the house and have her belongings returned.

“This should come with some checks and balances to ensure it’s not being used as a tool of systems abuse by bringing victim-survivors back to court to respond to a spurious or baseless application for an order,” Davis said.

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