ACT Neighbour Applied for Vexatious DVO Against Husband - What to Do?

[Deane]

My husband and I have a long running dispute trying to get a fallen down fence between ours and our neighbour's property replaced. After several years, we have taken the matter to the ACT Tribunal for a determination and await our hearing to settle the matter.

There are several other issues including one of their trespass onto our property and destruction of trees not overhanging the property line. All that aside, today the police arrived and issued my husband with an interim DVO claiming he had been aggressive on several occasions to the neighbour's wife, who truth be known, neither my husband nor myself would recognise her if we saw her as up until the damage to our trees on the property line last weekend.

We had no view of their property and they had none of ours. My husband has only had two brief exchanges with her, at their front door, when he has gone to discuss the fence. These occasions were more than 10 months apart and the last time was around four months ago when we made our final attempt to discuss the fence replacement prior to submitting an application to ACAT early this year.

I am stunned that an interim order was issued when there is no evidence, nothing to implicate my husband and as stated, no contact for several months. After last week's trespass onto our property and its destruction, we sent the neighbours an email requesting they do not enter the property, reminded them of their right to prune and that further trespass would be reported.

We were intending to take civil action if required. As I spend a lot of time home alone, and the neighbour has made many aggressive and disturbing comments when he thinks we might hear them, we also installed 24 hour video surveillance of our property and advised him of such.

The DVO was taken out a few days after this, we suspect in retaliation. The statement attached is almost completely false, and defames my husband repeatedly. There are many outright lies and fabrications which I can actually refute through documents and photos.

My husband is a professional man of almost 60 years who does not deserve this sullying of his reputation, or the embarrassment. I think we need representation, as we have absolutely no experience with this type of nasty dishonest behaviour.

Has anyone any suggestions on where I should go first with this? or suggestions of legal counsel in Canberra city with experience in this type of vexatious claim?

Thank you in anticipation.

 

[Lance]

Hi Deane,

A DVO is usually for someone in or previously in a domestic relationship of some kind. I'm happy to be corrected by one of the many lawyer that make comment on this forum, but usually a claim of this type from a neighbour in the ACT would bring about an interim PPO (personal protection order).

Look don't stress too much an interim PPO is just that it's 'interim'. So your neighbour can claim what they want.

If you received an interim DVO please raise a question with the court, to address how you received a DVO because you are not:

• living with your neighbour
• you didn't used to live with your neighbour
• you are not married to your neighbour
• you are not related to your neighbour by blood; or
• you were or are not in a domestic relationship with your neighbour.

So my interpretation is that you do not fulfil the relationship requirements for your neighbour to take a DVO out against you. It should be a PPO.

You should have received the interim order at least 14 days prior to the return date and if you don't agree which you don't you need to respond within 7 days of the return date.

If you don't state your objection then the interim order will become the final order and it will be in place for 2 years for a DVO and 12 months for a PPO.

You really need to act fast with this one and what ever you do don't breech the interim order. Stay away from your neighbours and don't try to talk it out.

I hope that helps

 

[Gorodetsky]

Hi Deane,

A fence dispute lasting several years and reaching court? Trespass, installation of security cameras and false accusations?

Restraining orders.

Your neighbour (or less likely one of yourselves) has a personality disorder. (Close to a mental illness).

You should also expect a smear campaign.

Have a read through:
Top 100 Traits & Behaviors

Your neighbour has a poor understanding of boundaries.

The police and the courts seem poorly equipped to properly deal with these sort of people.

I recommend you have no contact with these people. Do not speak or react or communicate in any way with them. Do not agree to mediation with these people. You cannot reason with personality disordered people. To do so invites them to continue to abuse your boundaries.

I recommend you do not accept the restraining order (or more false accusations might lead to criminal charges). I suggest you get a solicitor to assist you in taking out a restraining against them.

False accusations are a crime. Whenever they make a false accusations against you or your partner, I strongly suggest you complain to the police that they have broken the law. The police will not act on this, but you need to make this complaint every single time they do so... Eventually the police will cease responding to their complaints.

Regards