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Stella34

Member
10 January 2017
2
0
1
My family brought a rural property 7 years ago. The farm next to us have a son that is unstable. He began harassing us all after we complained to the council about the state of the road. The abuse and intimidation included endangering our lives on the road, blocking access to our property and verbal abuse.

We obtained a restraining order against him, but only for myself and my mother. My father who is 64, in a moment of madness, confronted this individual who is 24 and huge, and a fight occurred. My father, after having his head split open, stabbed this individual in the arm and back with a very small folding knife. My dad was arrested and charged and pleaded guilty. The judge was very angry on our behalf and ruled very favourably in our favour.

My father received a one year good behaviour bond with no conviction with a statement of a man can only put up with so much. On the day of the court case, the individual did not turn up but had a solicitor submit a criminal compensation claim. The Judge stated they were milking the situation as he claimed he lost 80 grand in income due to a severed tendon but provided no proof of the injury nor proof of loss of income.

We know for a fact he was back at work after a week as we saw him on his tractor and we also know through the police that his injuries were minor. The court case ended with the Judge saying it would stick in his throat to give him any money and recommended to his solicitor that they drop it and apply for compensation from victims of crime. We have not heard anything else about it.

The court date was mid-November. We received a call from our local police officer who told us that this individual had requested the police documents through the freedom of information or FOI act. He also stated that back in November, after the court case, he called extremely angry about the result and claimed that he was going to sue.

We also received restraining orders for my father from this individual, his mother and two other female adolescents we don't even know. The information on the order stated that my dad ran him off the road then stabbed him which is not accurate. Also that he has been abusing and videoing these other young women, which is also untrue. We plan to contest this on the 19th.

So my question is, why would they want the police records? Would it be to apply for victims of crime? Or is it to sue us in Civil Court?

My parents don't have a lot of money. Both haven't worked in 7 years due to their age and lack of jobs in rural areas. Both work as volunteers and receive Newstart payments. They, however, own their home. Can they touch that?

What can we do to protect ourselves? It would be very difficult to afford legal assistance. It was already incredibly difficult obtaining a lawyer for the criminal case my father pled guilty to avoid a lengthy and expensive ordeal.

My parents are so worried.

I would appreciate any information you could provide me.
 

Victoria S

Well-Known Member
9 April 2014
518
58
2,289
So my question is, why would they want the police records? Would it be to apply for victims of crime? Or is it to sue us in Civil Court?

Difficult to say - could be either or could just be his solicitor investigating whether or not he has a case that is worth pursuing.

There is nothing you can do really to protect yourselves legally. If he tries to sue you in civil proceedings, hopefully a judge would be able to see through it. He would have to prove everything he is alleging - like extent of injuries, unfitness for work and loss of income.

So there is no guarantee he will be successful. However that may bind you up in litigation which is stressful and costly. If you can get to 3 years post incident - the limitation period on his cause of action will expire meaning he would have to get leave of the court to proceed with anything.
 

Stella34

Member
10 January 2017
2
0
1
Thank you for your reply.

My fathers solicitor stated to us at the criminal proceedings that he didn't feel it was likely that they would pursue us in civil court. The reason he gave for this was the judge had been so lenient and that my parents did not have a huge amount of assets other than their home. I suppose we just have a stressful wait ahead.
 

Victoria S

Well-Known Member
9 April 2014
518
58
2,289
Yes, try not to think about what hasn't happened yet. :rolleyes: