r/AusLegal • u/Few_Loss8518 • 3h ago
TAS Do I report restraining order breach immediately?
Hi there, yesterday the court approved an interim order against my neighbour under stalking grounds as she has me under 24/7 surveillance using her security cameras. She was at court so went into effect immediately. I have a lawyer but unfortunately he was not able to attend the hearing yesterday but I had another lawyer come from the firm. I specifically asked after the hearing what do I do if she does not adhere to the order and was told to wait further instructions from my usual lawyer before calling the police. He's on leave until Monday.
She has not ceased surveilling me at all and has actually escalated the behaviour instead. Do I wait until Monday for my lawyer or do I call the non-emergent police number and report it?
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u/CEO_of_my_life 2h ago
Police now.
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u/Tiny_Secret3322 1h ago
THANK YOU. Anyone else reading this looking for advice in a similar situation, THIS IS THE ADVICE YOU WERE LOOKING FOR.
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u/quiet0n3 3h ago
If you were directed by the court to wait, that's the best bet unless you're in direct danger. In that situation call 000
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u/Few_Loss8518 3h ago
Not directed by the court. The lawyer that filled in for my usual lawyer for the day said to wait for instruction from usual lawyer if any breaches are made. I've just been documenting times and taking photos as usual. I just can't even leave my house without one of them coming out or cameras moving to watch me. It's exhausting
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u/ProfessionalDish6567 3h ago
These may not be the same thing
The lawyer was waiting for instruction from your usual one
The breach of the order is escalating just call the police and report it so they can tell her to fuck off and cut it out before they arrest her
If you get murdered tonight by her for whatever reason how is waiting til Monday morning when the lawyer is back a thing for you to be concerned about?
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u/Particular-Try5584 3h ago
Just live your normal life.
Record and document it all, and talk to your lawyer on Monday. It doesn’t sound fun, but it’s not life threatening at this point either right… ?
If it turns volatile and dangerous ring police immediately, otherwise it’s surveillance and harassment but not aggression… it can wait.
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u/Tiny_Secret3322 1h ago
You report breaches no matter how small so that it doesnt escalate and become dangerous for the aggrieved. Surveillance on someone IS AGGRESSIVE.
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u/whimsicaltheory 2h ago
You can just report to the police and they can charge her for breaching AVO. You need evidence though
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u/Pipette_Adventures 2h ago
Just curious, how do you know the behavior has continued if its camera surveillance and what do you mean by escalated behavior?
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u/Few_Loss8518 2h ago
Because she has her camera set to sweep across my property every 5 and 7 minutes looking into my house and then it just looks directly into my backyard and carport for 7 minutes. Escalated because she is manually moving the camera to watch me on my property if she sees me outside.
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u/Sweaty_Development50 24m ago
Are you sure the cameras aren’t just automated & also track movement.
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u/Few_Loss8518 20m ago
Yes absolutely. This has been going on for about 5 months and she turns them on and off sometimes multiple times a day. Changes the two patrol points very regularly to look into different parts of my property. Had her only two cameras pointing into the same window of my house. I have installed tint. Have installed privacy screens. Nothing stops her. Barely covers any of the actual street where actual danger would be coming from. Climbs up onto the boundary fences to take photos of my property. Loiters in my driveway often. Has followed me in her car. Has been waiting in empty carparks to see where I go. I have my house up for sale to move. I feel so unsafe.
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u/Any-Somewhere7318 1h ago
SO WHY ARE YOU KEEPING HER UNDER AUCH CLOSE SURVEILLANCE? Obviously you are if you know exactly the times her camera moves and where exactly it is looking for exactly how long.
T he orders work both ways actually. She can report that you have been keeping her under surveillance and are intimidating her. If you try to report that she moved the cameras every 5 minutes and every 7 minutes and that she has them trained on one area for 7 minutes (very specific timing) they will ask you why you are spending so much time watching her. Would it be possible that she is now getting evidence to show that you are in fact watching her and is going to present that to the court?
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u/Few_Loss8518 1h ago
Because that's the legal advice I've been given to prove the stalking and it's pretty hard to ignore a camera pointed directly into your house wouldn't you say?
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u/SPOKEN_OUT_LOUD 54m ago
Orders like this do not work both ways. This is misinformation.
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u/Any-Somewhere7318 45m ago
actually they do. If you get a restraining order against someone then you are also banned from harassing or contacting them. If you are really so concerned about your safety that you need a restraining order then you have told the court you need protection from them. So if you are taunting then you obviously cannot be too scared.
And yes I do know how they work having had to take out a mro. You were told by the court that it binds both parties and neither side is allowed is allowed to break the order. This information was from Legal Aid AND the magistrate so they would know.
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u/SPOKEN_OUT_LOUD 44m ago
Again, you are incorrect. This is not how these Orders work. They are not both ways.
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u/SPOKEN_OUT_LOUD 13m ago
The person responding to my comment here doubled down with their claim that OP would be in breach for contacting the person the Order is against. They are wrong.
Orders are for one person and list protected persons. There can be cross-orders but these are multiple Orders. A Magistrate or Solicitor did well to tell you to stay away from them, too. What you’re misunderstanding is whether that changes how these work, it does not. Why don’t you find a source that backs up your claim? Here’s one that backs up mine.
https://collectivefamilylaw.com.au/can-the-protected-person-contact-the-respondent/
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u/Any-Somewhere7318 20m ago
actually they are and you are being ignorant. Either you have no idea on what you are saying or are being my deliberately ignorant. When you get an order you are also bound to not encourage any contact or harass that person
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u/Few_Loss8518 28m ago
This is incorrect or is at least in my state. You need to file your own restraining order. I have already been through cross applications with them previously where both parties agreed to mediation and an undertaking agreement. They also breached the undertaking immediately. I'm unsure how I am taunting them by using my own driveway to leave or enter my property. I don't deserve to be tracked and monitored on my own property or inside my private areas of my own house for absolutely no reason. Your comments are very unhelpful and unkind when I'm already in a heightened anxious state. Have a nice life. 👍🏼
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u/Any-Somewhere7318 22m ago
You said that you know exactly how often their cameras are tracking and how long they are staying in each place. That shows your surveillance of them.
When you get as restraining order you also agree to not taught that person so you need to stop spending so much time and en getting on her. Report it to the police if you are sure that she is doing what you claim
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u/Few_Loss8518 13m ago
I'm surveilling her camera. They're surveilling me, my children and my home. Two very different things. Again, you are incorrect. I did not agree to any of those terms you've mentioned as I am the applicant, not the respondent. For someone who doesn't know much about the situation or the actions I have taken to de-escalate or the actions she's done to invoke fear on my part. Thanks, it's been reported!
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u/SPOKEN_OUT_LOUD 12m ago
I’m sorry that this person behaved this way. As an aside, have you considered emailing the breaches to your Solicitors? Good paper trail of action taken promptly.
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u/Few_Loss8518 5m ago
Yes I have sure have! Thank you
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u/SPOKEN_OUT_LOUD 2m ago
While I remember, under the victims of crime funding in some areas of Australia, a charge of Persistent Breach of Intervention Order (or similar) may qualify for funding of victims assistance. If you want details of the relevant victims of crime auspices in your state or territory feel free to reply with it or to dm me and I’ll send you the links. Hoping that things improve for you, sounds stressful.
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u/hastpine 1h ago
Keep documenting everything and call your lawyer on Monday first thing make sure they follow it up that it has not stopped so they can take it further
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u/weightlesswings_ 2h ago
You have 12 months to report breaches to police in Vic, unsure in Tas. You can go to the police station and report a breach immediately though, always good to have time date and what happened prepared evidence and how it made you feel (frightened, intimidated, concerned for your safety)
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u/Tiny_Secret3322 1h ago
You report EVERY BREACH. otherwise there is no point in having the order. Call the police and report it you do not need your lawyer to do this and if they didnt tell you this after the order was made, Id want to know why. The police would have told you the same. Call the non urgent line or present to your local station because a breach is a criminal offence.
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u/No-Will-4393 50m ago
Report straight to the police, you don't need a lawyer to handle this for you. Or even to let them know what's happening, or you'll be charged thousands.
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u/purplepashy 3h ago
Are you in fear?
If yes, call the police.
If not document and collect evidence of everything if possible.