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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I have a physical disability ( spinal cord injury and

Customer Question

Hello
I have a physical disability ( spinal cord injury and am partially parilysed , and breathing problems after an accident) and young baby (6momths old)
I have an oxygen tank in my home re my breathing problems
A lady recently bought the townhouse next door her and her room mate/ partner drink and smoke excessively that it (the cigarette smoke) is pouring in our back door where I am often w my baby and my oxygen cylinder is located
On Sundag afternoon after breathing in smoke for several hours and having to close all doors continually w my breathing and the baby my partner went and knocked on their door and politely asked the woman and man if there is any chance they could smoke indoors or on another balcony away from our rear door due to my breathing problems / the oxygen tank (highly flammable ) and our young baby
They were drunk and very abusive and said she would smoke wherever the hell she wants its her home, go away
Today apon driving into my home the lady bashed on my car window and went on to say I need psychiatric help and need to go get a job
Given the nature of my disabilities which are physical (not psychiatric) and the volatility of this women and the distress she is causing by verbal abuse and indifference my breathing difficulties and oxygen tank location in my home I'm considering taking out an APVO order? As I cannot put up with her abuse, we also have valuable property new cars etc
She appears to be an alcoholic and is very aggressive solely aimed at myself
My partner is in the army and only here on weekends
Is this the most appropriate action to take?
Do I need to call the police in order for it to be effected in front of a magistrate?
Please advise
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Evening, My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.I would consider talking out an APVO and you should also consider taking action for nuisance. If you fear fro your safety you should call the police and report them.Because of your condition their smoking can be seen as nuisance.Here is some information for you. http://www.meerkinapel.com.au/news/Articles/Litigation/Passive-smoking-and-the-lawIt may be decided in Victoria but it is a case that you can rely on. You will need to speak to a solicitor that practices in this type of law and negligence. If the police do nothing then you can take out an order on your own but you will need to have a solicitor represent you. If the police take it out then they will represent you. I hope this makes sense and is of assistance?
Customer: replied 1 year ago.
What type of solicitor practices in this type of law or negligence?Does the disturbance ie.the woman smoking have to be occurring at the time police attend in order to make the nuissance charge?// or is it sifficient for them to come later tonight when this occurred earlier
Expert:  Leon replied 1 year ago.
Good MorningAny solicitor that practices in Negligence should be able to assist you. The police are to be called when they threaten and harass you. The smoking is part of the negligence issue. Also as you are in a won house this can also be raised with the body corporate. I hope this makes sense?