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My neighbour kidnapped my son. Last sept 10th .she has not…

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My neighbour kidnapped my...

My neighbour kidnapped my son. Last sept 10th .she has not come to explain why.a lot has been happening because of her disruptive behaviour n threats..Police have been notified. I have an Personal violence order to fill .what do l do..she very very hostile n violent. Wen she's under the influence of alcohol n drugs. N this is been going on since l wanted her to tell me why she took my son from pm after he was dropped of by disability bus till 3 am the next morning ..l gave her no authority to take him..thank you

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

Nsw

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

Nothing but love taken photos of what's been happening every day n weeks n months. Im keeping calm depressed n it's also affecting my 17 yr old son every morning at 4am before l drive him to work premiership..we have to pick up nails or she sends text mssg. Being racist. That the police have being notified too..l want to take actions b cause she is involving allot of her people that if l don't n weak she knows she wins. She didn't know that this is no laughing matter to me. My son was sexual Abused at Restpite n so it matters to me n my family to have that answer. Why she took him for that long police hd a search party going ..This women lives next door to me. Wen my 17yr. Called her son to ask if he's bro John is in their home..he replied No..weird. especially their home is not that big. You would know if he was there..

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

Do l need Legal aid to speak on my behalf even wen l file for APV?

Submitted: 1 month ago.Category: Australia Law
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Answered in 5 minutes by:
5/25/2018
Solicitor: John Melis, Lawyer replied 1 month ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,117
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, I’m John a solicitor from Melbourne. I may ask you a few questions to narrow the issues you have raised.

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Solicitor: John Melis, Lawyer replied 1 month ago

Your thinking is right, using legal aid would the correct approach.

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Solicitor: John Melis, Lawyer replied 1 month ago

In your present situation you can apply for a restraining order, also known as a personal safety order (APV).

Restraining orders can be used for various matters, such violence, psychological abuse, financial abuse, verbal abuse, or where there is an imminent fear of violence, or where children hear or witness the same.

The intervention order may:

a. Prohibit a person committing violence against another person.

b. Exclude a person from the victims residence.

c. Restrict a persons access to any premises or specified are, such as workplace.

d. Prohibit a person from contact another person associated with the victim.

e. Require a person to do something, like attend counselling.

f. Direct person to use specific property.

The intervention can be broad out narrow in its requirements.

All you need to do is to demonstrate how the abuse/violence is occurring. An example of violence includes, financial abuse, which is where one partner does not provide sufficient monies for living costs, or 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, m which is now called a personal safety order. The facts of the claim needs to support the same.

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

If you consider you need a restraining order, you an attend your local police station to provide a statement and they will determine based on the facts if an interim order will be issued.

If you cannot attend your local police station call 000 and the support operator will assist by arranging the police to come to you as soon as possible.

The police subject to the circumstance, will then issue a interim order for the protection of your safety.

If you do not want contact the police, you may make an application at the local court for an intervention order, and the court will then decide on the balance of probabilities if the interim order is necessary.

An interim order is a temporary personal safety intervention order made by the Court to protect a person from assault, sexual assault, serious threats, property damage or interference, harassment or stalking until the court can decide whether to make a final personal safety intervention order. An interim order prevents the other party from behaving in certain ways, or requires the respondent to do certain things, stated on the order.

An interim order is a civil order, and making an interim order does not necessarily mean that an offence has been committed. However contravention of an interim order is an offence punishable by 2 years imprisonment or a fine of 240 penalty units or both.

You cannot permit the other person to contravene an order of the court. This means that, even if the protected person, you, allows a respondent to disobey the interim order, the respondent would still commit an offence if the contact you.

You have a legal right to protect your safety/interests in this situation and that of your children.

Legal aid can help you with this process as well.

If you need any further information let me know and I will be pleased to assist.

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 your important questions.

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