I have a friend that's being sued for defamation (long story, subject of another post). However, the man that is suing her has obtained her home address inappropriately. She is the victim of domestic violence, her ex-partner has served his time in jail and has been released two months ago, in another state.
While the court case was on years ago, she had an AVO that has now lapsed.
In the Criminal Code, Section 71 Miscellaneous Provisions, 695A Power to protect victim of violence by prohibiting publication of information about proceedings.
(2) The judge or magistrate may make an order prohibiting indefinitely or for a specified time, the publication about the address of a person against whom the violence is alleged to have been committed.
As mentioned, the AVO has lapsed, but the violence was severe enough that at the time, the magistrate granted her indefinite protection. Her home number is unlisted, she's on the electoral role as a "private resident" at her home address and the school her son was at wasn't permitted to keep her address on file. The only place this man could have found her address was at a school swim club's confidential files where he volunteered.
Does she have any grounds to request that he answer to how he obtained her address? And what recourse does she have to pursue the matter?
What are the penalties for such a breach of her privacy given her DV background and indefinite protections from the courts?
While the court case was on years ago, she had an AVO that has now lapsed.
In the Criminal Code, Section 71 Miscellaneous Provisions, 695A Power to protect victim of violence by prohibiting publication of information about proceedings.
(2) The judge or magistrate may make an order prohibiting indefinitely or for a specified time, the publication about the address of a person against whom the violence is alleged to have been committed.
As mentioned, the AVO has lapsed, but the violence was severe enough that at the time, the magistrate granted her indefinite protection. Her home number is unlisted, she's on the electoral role as a "private resident" at her home address and the school her son was at wasn't permitted to keep her address on file. The only place this man could have found her address was at a school swim club's confidential files where he volunteered.
Does she have any grounds to request that he answer to how he obtained her address? And what recourse does she have to pursue the matter?
What are the penalties for such a breach of her privacy given her DV background and indefinite protections from the courts?
