My ex-husband is threatening to post intimate photos of me online unless I allow him to spend more time with our daughter. What should I do?

In South Australia, it is a criminal offence to distribute, or threaten to distribute, intimate photographs or videos of another person without their prior consent. We recommend that you contact the police in the first instance.

You should consider obtaining an Intervention Order (colloquially known as a “Restraining Order”) against your ex-husband to prevent him from making new threats or acting on those already made. It may also be appropriate to include your daughter as a protected person.

Your ex-husband’s threatening behaviour is a form of “family violence” under the Act, which is given a broad definition. We suggest that you obtain advice on the appropriateness of current care arrangements and what impact his behaviour is having or could have on your daughter.  It may also be possible to obtain an injunction for personal protection thereby prohibiting your ex-husband from engaging in further threatening behaviour and/or posting any intimate photographs or videos of you online.

If you succumb to your ex-husband’s threats, you risk a repeat of those threats in the future.

Natalie Lloyd
Solicitor
Family & De Facto Law | Divorce | Children/Parenting Matters
nlloyd@scammell.com.au

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