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VIC Neighbour Taking Me to Magistrates Court for Intervention Order?

Discussion in 'Property Law Forum' started by True Blue, 26 October 2015.

  1. True Blue

    True Blue Member

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    My neighbour is taking me to the Magistrates Court seeking an intervention order against me, accusing us for playing loud music, kids jumping over the fence, pot plants turned over, and for items in their backyard having gone missing,

    Do we need a lawyer in this case?

    Please help us what to do.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi True Blue,

    What terms is your neighbour seeking for the intervention order?

    Generally a magistrate will grant an intervention order if you have and are likely to continue to:
    • assault, harass, stalk, or threaten them
    • damage or interfere with their property.

    You have the following options to respond to the application:
    • You can agree to the order being made - which means you agree to any terms that the neighbour is requesting.
    • You can ask for an undertaking instead of an order - an undertaking is a formal written promise as opposed to a "court order" and if you breach it its not a crime and the applicant can simply go back to court to seek an intervention order. However the applicant can refuse to accept an undertaking and insist on an order.
    • You can argue against the order - if you want to fight it, the magistrate will not hear the arguments at the first hearing as this is just the first mention date. You will be required to return to the court for a hearing usually about a month later when the magistrate will hear evidence from both sides including witnesses. However a magistrate will only set a date for a hearing if you both have had a chance to get a lawyer and are ready for the contested hearing.
    • Or you can ignore the summons and not go to court. Then the magistrate will only hear from the applicant and base their decision on the evidence they put forth.
    You will always be at an advantage with a lawyer, but they do come at a cost. If you can live with the terms of the order (worst case scenario) and you are confident you can abide by the terms then I wouldn't bother with a lawyer, however if there are things that need to be challenged I would look into getting representation.
     
  3. True Blue

    True Blue Member

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    Thank you so much for the info and your help Sophea.
     

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