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Can I get a restraining order in WA if I haven't been

Can I get a...

Can I get a restraining order in WA if I haven't been threatened with violence?

Lawyer's Assistant: Have you talked to a WA lawyer about this?

Not yet. But my ex was violent & he won't leave me alone after 10 years.

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

Nothing. Stupid me. I told him to leave me alone.

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

He said I signed a stat Dec when we split up saying I'd pay him $10 000 later. I can't remember signing anything like that.

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Answered in 7 minutes by:
3/26/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,335
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Restraining orders can be use for various matters, such violence, which you have commented on, psychological abuse, financial abuse, verbal abuse.

All you need to do is to demonstrate how the abuse is occurring. An example of financial abuse, is where one partner does not provide sufficient monies for living costs, creating undue duress on the other party. In this example this is both financial and psychological abuse.

Restraining orders can also be issued for non-family matters, such as stalking, intimidation or harassing conduct. The facts of the claim needs to support the same.

In relation two signing a stat dec, under the family law act this state dec can be void due to duress placed on the person. The only property to for financial separation is with the correct use of a financial separation agreement under the Family Law Act. The stat dec will not be enforceable in family matters

The law will protect you where you hear being harassed, intimidated against, or there is financial abuse or psychological, verbal or other forms fit violence with a restraining order.

If you need any further information please let know.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and thank you for using Just Answer.

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,335
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 3 months ago
Thank you. I went to court yesterday and was granted a restraining order but Magistrate said police cant serve it unless I have his address. Im thinking they have his name and dob so can find him. I call and give car rego that was sighted and at my house. I guess he can appeal the restraining order and take me back to court as we settled in 2006 out of court.

yes he can file a defence to the claim too.

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Customer reply replied 3 months ago
thank you. I guess my life will continue to be hell forever. but I understand the process now. I just hope he cant claim more money from me. there has to be a stop at some point, its been 12 years. youve been very helpful.

you are most welcome

please come to this post any time you need help with this matter.

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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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