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WA Enough Evidence for a Restraining Order?

Discussion in 'Criminal Law Forum' started by Chen, 8 October 2016.

  1. Chen

    Chen Member

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    Hello,

    I am thinking about applying for a misconduct restraining order and would like some help.

    The story:

    I had a builder renovate my house. The workmanship was poor and despite much discussion with the builder, nothing was resolved. I withheld the final payment and submitted a complaint to the Building Commission two weeks ago requesting monetary compensation for the defects. The Comission is now investigating.

    On Monday just gone I received a text from the builder saying he wants to meet. The text is in Chinese but roughly translated it says:

    "If you do not meet me for handover this Thursday at 11, I will stop playing nice"

    I replied with:

    "I have already said I need a written reply to my complaints. I have already emailed you a list of complaints and I want monetary compensation for those complaints you have failed or are unwilling to fix. If you do not give me a written reply I will assume you do not agree. If you do not agree, then I have no choice but to let the Building Comission mediate.

    I am requesting a refund of AUD10000 which I believe is necessary to fix all the defective workmanship. This amount is negotiable but your reply must be written either via email or SMS so we have a record of our discussion. So far you have refused to acknowledge my complaints."

    His reply:

    "If you do not come on Thursday, we will play games."

    I reply:

    "A reminder. I will not meet you.

    Any communication must be in writing. The case is under investigation by the Building Comission. Your last 2 SMS were threats. Stop. If you harrass me, I'll go to the police."

    I hear nothing else from him but on Thursday he shows up at my house with a friend. I did not confront them and they were not aware I was watching the house from a neighbour yard. They tried to open the garage door (he did not return my key) but were unsuccessful as I have changed the locks. They left after maybe 10 minutes.

    I have a picture of them on my front yard but the picture I took of them trying to open my garage door was mostly obscured by a large bush. You cannot see their face or the door they we're trying to open.

    Do I have enough evidence to apply for a restraining order and am I likely to be successful if I do so based on this evidence? Do I have any other options to prevent him from coming back to my house?

    Any help would be appreciated. Thank you.
     
  2. Rod

    Rod Well-Known Member

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    He might also be liable for trespass. You told him not to meet you, he came anyway. Going to a garage door and trying to open it is not 'for a legitimate purpose' without your permission.

    Put a temporary no entry sign on front fence eg {insert name} or associates/employees - No entry allowed.

    Are you holding onto any of his tools or supplies you have not paid for?
     
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  3. Chen

    Chen Member

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    Hi Rod.

    Thank you for your input.

    No tools/ supplies are left behind.
     
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