NSW How to Deal with Harassment from Neighbour?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Buzzed dragonfly

Active Member
20 March 2017
7
0
31
Hi

My mother has been harrassed since 2010 by her neighbor. Over the years he has applied for many personal violence orders against her but no order has ever been granted. Instead it was ordered to mediation but he has never agreed to it.

Both my mother and this man are on a Disability support pension but he has used every disability legal help in town leaving her no choice but to self represent.

In his last app for orders he has put in his statement that my mother broke his leg a few months back which is a blatant lie - there is no record of it and it was the first my mum had heard of it upon reading his statement.

My mum just wants to get her life back and get on with living it, what can she do about this harassment, please? And is it legal for him to lie about my mum breaking his leg in his statement?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,820
1,072
2,894
www.hutchinsonlegal.com.au
Lying in an affidavit is contempt of court.

I see three options:

1. Do nothing because the alternatives might cost more than can be afforded.

2. Go to the NSW Supreme Court and have the man declared a vexatious litigant. You'll need legal assistance to do this.

3. Fight each case as it happens and apply for costs each time and ask for orders declaring him to be in contempt of court. You'll need legal assistance to do this.
 

Buzzed dragonfly

Active Member
20 March 2017
7
0
31
Yes. Unfortunately she cannot afford the legal assistance though. And he probably knows that after 7 years of doing the same thing.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,820
1,072
2,894
www.hutchinsonlegal.com.au
Might be worth asking at a community legal centre for help. If they can't help they may know of someone who may help for free or a reduced fee.
 

Buzzed dragonfly

Active Member
20 March 2017
7
0
31
Yeah they say it's a conflict of interest because the man has already used them once before but I will suggest to her what you said.

Thank you
 

Shawna Davis

Active Member
21 March 2017
9
1
34
Help your other lodge an AVO against him, she's suffered enough emotional abuse & obviously fears for her own personal safety against this nut. Go to the police, tell them you've had enough, you can't handle the emotional abuse & fear for safety & want an AVO. The police will take a statement & lodge it through court, it should be granted & he hopefully will leave mum alone unless of course he's a hard learner.

What he is doing is an act of abuse, there are no excuses for his behaviour.
 

Buzzed dragonfly

Active Member
20 March 2017
7
0
31
Hi

My mother has been harrassed since 2010 by her neighbor. Over the years he has applied for many personal violence orders against her but no order has ever been granted. Instead it was ordered to mediation but he has never agreed to it.

Both my mother and this man are on a Disability support pension but he has used every disability legal help in town leaving her no choice but to self represent.

In his last app for orders he has put in his statement that my mother broke his leg a few months back which is a blatant lie - there is no record of it and it was the first my mum had heard of it upon reading his statement.

My mum just wants to get her life back and get on with living it, what can she do about this harassment, please? And is it legal for him to lie about my mum breaking his leg in his statement?