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I suffer for post tramaic stress and one of my neighbors has…

Customer Question
I suffer for post...

I suffer for post tramaic stress and one of my neighbors has been attacking me and threatening me now for 2 years. I have reported this to the police and am applying for an AVO. This neighbor has caused me a lot of mental anguish which has made my panic attacks severe. I have told my doctors about this and they recommend me to sue her for damages. Am l legally allowed to do this and can legal aid take on my case. Suzi Precanica

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

Nsw

Lawyer's Assistant: What steps have you taken so far?

L have reported her to the police and they said to take out an AVO on her

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

She has verbally and physically abused me

Submitted: 1 month ago.Category: Australia Law
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Answered in 5 minutes by:
3/21/2018
Solicitor: Leon, Solicitor replied 1 month ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,264
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 1 month ago

Good Afternoon,

Unfortunately, the law does not permit you to sue them for damages unless they have committed a crime and physically assaulted you. If they have been charged you are then a victim of a crime and under the legislation you are entitled to compensation caused as a result of the crime.

If the police take out the apprehended violence order and also charge the person with assault or any other criminal offence you have a right to lodge an application under the victims of crime legislation.

Other than that you cannot bring an action for compensation for verbal abuse. There is no legislation that gives you that power stop

Here is some information in relation to the victims of crime legislation in New South Wales

http://www.victimsservices.justice.nsw.gov.au/

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. You rating my work 5 stars allows me to continue to provide a service to those who require it.

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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Customer reply replied 1 month ago
I also am on disability allowance
Solicitor: Leon, Solicitor replied 1 month ago

Good Afternoon

The charge by the police is important here.

Any evidence of a physical assault will assist the police in being able to charge them.

Regards,

Leon

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Solicitor: Leon, Solicitor replied 1 month ago

Good Afternoon,

I note in your other question, which was taken by another expert, you mentioned that you were assaulted.

You are able to go back to the police and press charges now.

As you had reported that stage they can still press charges against this person.

I hope this makes sense and is of assistance.

If there is anything further please do not hesitate to contact me.

Regards,

Leon

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Customer reply replied 1 month ago
Thankyou
Solicitor: Leon, Solicitor replied 1 month ago

You Are very welcome.

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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