Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

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

Customer Question
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: 2 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 minutes by:
5/25/2018
Solicitor: John Melis, Lawyer replied 2 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,542
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, I’m John a solicitor from Melbourne. I may ask you a few questions to narrow the issues you have raised.

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 2 months ago

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

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 2 months 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.

Have I answered your question today ?

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask John Melis Your Own Question
John Melis
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,542
3,542 Satisfied Customers
Experience: Principal Lawyer at Legal AU Pty Ltd

John Melis is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

27,790 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,976 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,542 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
I was wondering if you could shade some light for me
Hi there. I was wondering if you could shade some light for me regarding the spouse visa … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I need advise about a gio car home content investigater
Hello I need advise about a gio car home content investigater guestiion I wanna no buy law do I hav to do wat he sead… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Sister lives in dead mums house. Been there for 7 years. Has
Sister lives in dead mums house. Been there for 7 years. Has no money or assets. Always known house to be sold. Always been very untidy person. Now mums gone 18 months. Much worse. Feel i cannot put h… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
My partner separated with the mother of his child before he
My partner separated with the mother of his child before he was born. We have been together for 2 and a half years.. In this time my partner has seen his son probably ten times.. He has ask that could… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
My son has had a break up with his girlfriend, on both sides
My son has had a break up with his girlfriend, on both sides there has been some immature conversations and threats to each other. the girl is 17yrs. She put a application for a protection order FORM … read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
hello I asked a question and got a answer, been to the police
hello I asked a question and got a answer, been to the police u just cant seem to do anything unless there is a threat, the neighbour is still standing with a smirk on his face wen my 20 yr old daught… read more
Peter J R Gauld
Peter J R Gauld
Solicitor
Bachelor's Degree
571 satisfied customers
Hi I have just split with my ex boyfriend who had a 12yr old
Hi I have just split with my ex boyfriend who had a 12yr old son and I have a 17yr old daughter, the ex is claiming my 17yr old of having sex 2 twice with his 12yr old son. I am not sure what to do, t… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
My wife took our 2 & half your old son away from me with out
My wife took our 2 & half your old son away from me with out my consent a week and half ago,she had refused any contact between myself and my son until this Sunday when I was allowed to have him for 2… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I have my son every second weekend. Also half the school holidays.
I have my son every second weekend. Also half the school holidays. The orders that are in place state from when school ends at 3pm. As my expartner has had him for the last 7 days from Friday end of s… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Hi there, we are not sure what to do. Can you please advise A
Hi there, we are not sure what to do. Can you please advise A relative has stolen his mothers money and invested it somewhere and nobody knows where. The mother is 92 years of age and is a disabled pe… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
My ex partner has made written affidavid charges against me
My ex partner has made written affidavid charges against me secretly that are completely false and had a recovery order served on me at nearly 6pm on Thursday night. I can not get any help or answers … read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
How can I get a recovery order for tomorrow Caitlin is supposed
How can I get a recovery order for tomorrow? Caitlin is supposed to start school on Monday and her mother is refusing to return her. She has also failed to take her to the doctors this week, despite b… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
My wife was married to her 2nd husband and they legally divorced
My wife was married to her 2nd husband and they legally divorced about 6-7 years ago, he however had a visectomy when they had their 1st child together. Now that we are married he is treatening to tak… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
hi lm the excuter of my dads will,and lm to receive the whole
hi lm the excuter of my dads will,and lm to receive the whole estate at out back yelarbon QLD(50kms from goondiwindi)which 1\4 acre block with 20x30 steel garage with two roller doors and has been don… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Howcan we help our son He seems to have been successfully
Howcan we help our son? He seems to have been successfully eroded away by the mother of his children...She left the house to get her head sorted out!! That was over 12 months ago. At that time they ag… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Hello, my son 13 yrs. old is accused by teacher that he made
Hello, my son 13 yrs. old is accused by teacher that he made a racist comment after student called him fat ?? and he replied you are skinny Arab. Please note that they are good friends and they didn't… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Was pulled over for .075 breath test this evening at 6.30pm.
Was pulled over for .075 breath test this evening at 6.30pm. Police say I will lose licence for 6 months. Had lunch today with a neighbour and consumed approx 5 - 6 drinks between 11.45am and 2.15 pm … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
my granddaughter has just arrived from perth i live in queensland
my granddaughter has just arrived from perth i live in queensland she has a 19month old son the father of the child is in perth my granddaughter want,s to live in queensdland does she have to get a re… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x