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NSW APVO Against Neighbour - What to Do Under Criminal Law?

Discussion in 'Criminal Law Forum' started by Avitairia, 12 January 2016.

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  1. Avitairia

    Avitairia Member

    11 January 2016
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    I receive recent ongoing verbal intimidation and threats from my neighbour. I have an interim apvo by advice of the police. I have documented everything up to date.

    On attending court, the magistrate said I do not have to appear when the accused goes to court. Since then, my bedroom window has been smashed, of which police said can't be used in court since there wasn't enough evidence. I also received another verbal threat of which was said to a member of my family. This person was arrested and was refused bail out the next day. He also threw a beer bottle in my driveway, but I have no proof it was him.

    This person is known to police and violence advocates, has over 20 different charges relating to same type of problems, including firearms. This person is and has threatened with words of break-ins.

    I don't know what to do.

    The next court I'm told I don't have to appear and I'm waiting for a summons to go to court on the last charge. Do you have any suggestions under Criminal Law?

  2. TKC

    TKC Well-Known Member

    12 January 2016
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    This must be a very difficult time in your life, the proximity of having such a vile person keeps you in a state of worry and concern about what you are likely to encounter next when you go about your business at home, which really should be as peaceful a place as you determine.

    The accused person is unlikely to consent to the order, which means you will have to appear in the witness box at a hearing about this matter, where you will subsequently be asked questions relating to your ongoing fear of the accused person.

    It is very good that you have documented everything, but perhaps once you are provided a date by police about this matter you might wish to refresh yourself with those details to make mention of them in your testimony, and tie them into the question: Why do you have an ongoing fear of this person? Use that as the basis or foundation for your testimony.

    The good thing about going through this process is the protection an APVO will afford you should it be successful, because if the intimidation and harassment were to continue in breach of the conditions in the order, police will have the opportunity to take strong action against him.

    ...Not sure I have understood your question correctly, so perhaps you might elaborate, however, in such a situation as this only the police can action Criminal Law.

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