How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Patrick H. Your Own Question
Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5357
Experience:  Dip Law LPAB - Sydney based lawyer
61534878
Type Your Australia Law Question Here...
Patrick H. is online now
A new question is answered every 9 seconds

I had a dispute with neighbor recently. He doesn't want my

Customer Question

Hi Patrick,
I had a dispute with neighbor recently. He doesn't want my kids play in the yard. Every time my kids come and play in the yard, he start to yell and make a scary noise so that my kids get scared and fear to play in the yard.
What can I do under this situation?
Submitted: 12 months ago.
Category: Australia Law
Expert:  Patrick H. replied 12 months ago.

It would seem you need to get an apprehended violence order (AVO).

The police should be willing to assist if you have actual evidence of him trying to scare your children (film it if you can, or try to have a witness around when when he seems likely to behave this way).

If the police won't help you, engage a lawyer to make an application for you to the court for such an order.

If the court grants your order it can order your neighbour not to do certain things, such as act in a way that scares your children, and if he breaches the AVO he will be committing a serious crime and may well face a term of imprisonment.

Alternately, you could sue him in nuisance if he is interfering with your and your children's use of your property. This may be a way to get some modest compensation, but in terms of stopping such contact may not be as effective and you will definitely need your own lawyer to pursue such a claim.

You can read about AVO's here:

http://www.legalaid.nsw.gov.au/publications/factsheets-and-resources/apprehended-violence-orders-applicants

I trust the above assists.

PLEASE RATE MY ANSWER.

Patrick