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I have to attend a court hearing tomorrow as I put a

Customer Question
Hi I have to...

Hi I have to attend a court hearing tomorrow as I put a restraining order on both my landlords, who also own the property.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

I am wanting to put a personal safety order on them as the man (Wei) has screamed his head off at me when the gas leak occurred due to a gum tree falling on it and the lady land lord who hit, slapped and pushed me, and has also tried to wrestle the phone from my hand (my phone) and then she stood in front of my car to make sure I was unable to leave the property. eventually the husband told her to move and she did....they scare me especially her as she is harasses me until late at night and talked through my door at me until past 10pm the other week and was also banging on my door making threats. What should I do?

Lawyer's Assistant: Has anything been filed or reported?

I am in Victoria

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am genuinely wanting to leave and have nowhere I can stay other than their property as I have no family or friends who can help me at this time. So I am stuck and want to leave the premises as it is impacting my stress levels and therefore my job. What can I do?

Submitted: 5 months ago.Category: Australia Law
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Customer reply replied 5 months ago
Only a temporary civil restraining order has been filed and will be challenged tomorrow.
Answered in 17 minutes by:
3/7/2018
Solicitor: Leon, Solicitor replied 5 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,918
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 5 months ago

Good Afternoon

Have you reported the slapping to the police?

Do you have witnesses?

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Customer reply replied 5 months ago
No Witnesses and yes, the police said no bruises or scars so nothing they can do??? So apparently adults can hit each other without consequence in this great day and age!
Solicitor: Leon, Solicitor replied 5 months ago

Good Afternoon

What orders have you sought in your application?

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Customer reply replied 5 months ago
I just went into the court last Friday to get a Civil Temporary IO, I have not been able to speak to the lawyer as I have been at work regarding what will occur. I am going to put forward the argument of disturbance of peace and quiet or something to that effect. this is after suffering form consistent Harassment, especially over the last 3 +months when the other flat mate was away overseas.What do you think I should do?
Solicitor: Leon, Solicitor replied 5 months ago

Good Afternoon

In the temporary order I assume you have asked that they not approach you, intimidate and harass you.

In the court matter is this to have the order made final and for a 2 years period?

Have the other side been served with the application?

Here is a link form legal aid that explains what happens

https://www.legalaid.vic.gov.au/find-legal-answers/personal-safety-intervention-orders

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Customer reply replied 5 months ago
Hi, Thank you for helping. So I am assuming I can get them away from me for over 1 year?
Solicitor: Leon, Solicitor replied 5 months ago

Good Evening

Yes you can ask for that order.

You have to show that you have fears for your safety.

But you can get that order.

All the best and good luck with it.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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