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I have an interim restraining order against my sister. I stopped

 
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  • Answered by:Alex
  • Solicitor - Admitted 2005
  • Positive Feedback: 94.6 %
  • Accepted Answers: 12619
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I have an interim restraining order against my sister. I stopped contact with her in 2005 because she physically assaulted me in 2000 and 2005, she constantly criticised me, brought up my past marriage, divorce, family court involvement and my friends divorce to hurt me by putting me down, screaming at me, ordering me around etc etc. She has always dominated and controlled me. I wrote to her and told her I no longer wanted contact with her and I also have told her in person to leave my property. Since then she has continued to leave letters at my front door, contact friends on a few occasions to cause problems, to ask them to get me to call her, she has screamed at me when I do not open my door but tell her to leave. When she was at my place once I came home from work to find all my personal payslips, child support papers and centrelink papers out on the kitchen table. She was calculating my income. When I got upset she yelled at me that I shouldn't complain as I had enough money. She has told me repeatedly that she hates me yet she does not leave me alone. When I was still seeing her she would order me to do things for her and if I didn't immediately do it she exploded at me in anger. I cannot tolerate being around her. She has lost numerous friends because of her anger. She tried to overdose 2 years ago and she has had psychiatric care for psychosis where she thought her husband was a serial killer. I don't know what to do as I'm scared of seeing her again in court in February. No-one else has seen her attack me physically but verbally one of her friends saw her go off at me and she later confided in me that my sister had hit her when they shared a house together. I don't really want to drag anyone else into this but do you think my restraining order would get made permanent or do I have to drag friends into this mess. I would appreciate your advice. Thank you.

 

Optional Information:
Province: Perth WA

Already Tried:
Legal Aid - I am not eligible as I have too much equity in my house I need some legal advice as to whether or not I can get a restraining order made permanent. I feel frustrated that I can't get on with my life without this harrassment. I have not opened my door to my sister for fear of her anger. I just want her to leave me alone

Submitted: 573 days and 10 hours ago.
Category: Australia Law
Value: AU$69
Status: CLOSED
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Expert:  Alex replied 573 days and 4 hours ago.

I don't really want to drag anyone else into this but do you think my restraining order would get made permanent or do I have to drag friends into this mess. I would appreciate your advice.

I think it is really 50/50 that the order would become permanent if it is only your word against her's. You really want at least one friend present who has seen her violent nature and who is willing to testify to that before a Magistrate. That would greatly improve the chances of the order becoming permanent.

If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.

Customer replied 572 days and 12 hours ago.

I have emails that I sent to my sister in 2005 where I have told her i will not put up with her assaulting me and putting me down again. Plus I have emails to my counsellor. Would these also be accepted as evidence to back up what she was doing to me. I realise that since I stopped contact in 2005 the violence and emotional abuse has lessened but I think only because I have kept away from her.

Accepted Answer

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Expert:  Alex replied 572 days and 8 hours ago.

Yes, those emails would certainly help you to convince a Magistrate that there is a need for such an order. The fact the abuse lessened after you tried breaking off contact with her would also work in your favour.

If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.

Expert TypeSolicitor - Admitted 2005
Category: Australia Law
Pos. Feedback: 94.6 %
Accepts: 12619
Answered: 9/30/2011

Experience: I did my law degree at the University of Queensland

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