VIC Personal Safety Intervention Order

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Alishia

Member
19 March 2020
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1
Hi everyone,
I hoping I can get some help, In the past twelve months I have been harassed, by my next door neighbours daughters boyfriend whom is in his early 20’s and I’m in my mid 40’s the on going harassment and intimidation lead to me calling the police a number of times and it has taken its toll on me, I have been living in my home for almost 20 years and I started to be scared to go outside my front door or leave the house in case the male would roll up or be outside, since then which it has been more than 12 month that I put up with this behaviour the last straw was 2 months ago when I was outside my front property and he turned up and threatened to shot me. This left me so scared and petrified that I report this to police . The next day I made an application against him and received and interim order for my safety which removed him from next door. The respondent made an application to the court to vary the order to return to the property which was rejected. On the mention hearing I was seen separately from the respondent due to my fear of him the respondents is fighting the order and denying all allegations on the application stating he wasn’t there and he has witnesses to prove this and has clock card stating he was at work (which isn’t true ) as my husband was home on the day and witness this occurring.

During the last 12 month I have been seeing a psychologist due to his behaviour which has lead me to be always frightened and suffering terrible anxiety on a daily basis . Due to this I am thinking of withdrawing my application and leaving my home As I’m being tormented by the respondents girlfriend and family whom live next door where the respondent was staying Since the interim order was granted, I reported this to police with no help from them.

I have some questions if people can help me please:

1. If I withdraw my application does the interim order stay in place till the next hearing
2. Who contacts the respondent?
2. Will I have to pay any of his legal fees if he has gotten a lawyer for this hearing (I’m not sure about this as I will be given the court ample time and notice of withdrawing the application)
3. Do I need to attend the contested hearing ?

Im not sure which way to go on this should I continue to obtain this order and go to the contested hearing? if so do I require a lawyer for the day to help me. (any recomodations on lawyer would be appreciated) I’m worried that the Magistrate won’t grant me the order due to the respondent lying and having witness to lie for him. What are my chances of getting this order even if I don’t have witness ect? My psychologist has written a report relating to the impact this person has coursed which was issued to the court on the first hearing. I’m stuck what to do as my health is deteriorating. I would greatly appreciate any help relating to this matter, Do fight for my order or do I leave my home of 20 years.
Thx
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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Give our office a call on Monday.

Hard to advise when it is a trade off between health and standing up for your rights.

If the neighbours are hassling you, record the incidents and continue report it to police. This is likely a breach of the order and may help you.