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How does one get a restraining order in Australia?

Lord Baal

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Sep 24, 2009
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Normally I'd ask this in the Questions-not-worth-their-own-thread thread, but this is rather urgent. A piece of filth "friend" of my girlfriend got back from Iraq on Friday, and tried to choke and rape her when she visited him this afternoon. One of her other friends, the actor I mentioned in another thread who took her to the Twilight premiere the other night, showed up and took her away. He's with her now, and the police are on their way. I need to know everything that I can do to get this sob away from her, regardless of how the police handle things, and I have no idea how to get any of this info myself. I'm a history student, not a lawyer.
 
Thanks taillesskangaru, that was helpful. Is it possible for me or her friend Mickey to take one out today, do you know, or must we wait until court is sitting? The law is far from my strong point, and both my parents and all my law student friends - except Sam herself, who is hardly in condition to do anything right now - are currently overseas.
 
I'd suggest you get in contact with a lawyer as quickly as you can, have him prepare the paperwork concurrently with the police investigation (they will be more than willing to help out in cases like this). Then hope to hell you can get before the local Magistrate early Monday morning to get an interim AVO. You may be able to get a Magistrate tonight if you can find someone to talk to, I know people who have had luck getting in touch with Court Clerks or with Magistrates working late. Lawyers usually have ways and means of getting in contact with Magistrates for such matters. Any family friends who are practicing lawyers you can draw on?
 
Found another site. This might be helpful as well.
Thanks again tk. I've pretty much exhausted the first site you gave me.

I'd suggest you get in contact with a lawyer as quickly as you can, have him prepare the paperwork concurrently with the police investigation (they will be more than willing to help out in cases like this). Then hope to hell you can get before the local Magistrate early Monday morning to get an interim AVO. You may be able to get a Magistrate tonight if you can find someone to talk to, I know people who have had luck getting in touch with Court Clerks or with Magistrates working late. Lawyers usually have ways and means of getting in contact with Magistrates for such matters. Any family friends who are practicing lawyers you can draw on?
I'm trying to get in touch with my father's best friend, who is actually a QC, right now. He'll gladly take care of this for free for me, if I can contact him. Unfortunately, he's not answering either his personal or business phones. Probably with a client right now.

Unfortunately, I'm a little concerned about the police actually helping in this case. the guy won a medal in Afghanistan, and his brother's a cop. For now, Mickey is talking to his agent, who is trying to contact his lawyer. But that guy does mostly legal work for actors, studios, etc., so I have no idea how much help he'll be.
 
tk's site said:
Evidence:

The victim must establish to the Court that the fear is based on reasonable grounds. The victim does this by leading evidence into the Court. The evidence will usually be in the form of the victim's testimony where the victim will establish a clear account of the history of the violence or harassment including any threats made against the victim. The victim may also use as evidence any Doctor's certificates, photographs etc.
He's been sending me text messages on Sam's phone, which she left behind when Mickey took her away. Could that be used as evidence? He's threatened to kill her, me, and Mickey, all over me "telling Sam to kill his baby," which is bizarre. Sam's never slept with him, she's only ever been with me, and she's never been pregnant. She can't, she had some sort of ovarian cancer when she was younger.
 
Lord Baal said:
I'm trying to get in touch with my father's best friend, who is actually a QC, right now. He'll gladly take care of this for free for me, if I can contact him. Unfortunately, he's not answering either his personal or business phones. Probably with a client right now.

Leave some messages.

Lord Baal said:
Unfortunately, I'm a little concerned about the police actually helping in this case. the guy won a medal in Afghanistan, and his brother's a cop.

QC's are useful for ensuring that procedure is followed independent of any other considerations. Nobody wants to be caught out.

Lord Baal said:
For now, Mickey is talking to his agent, who is trying to contact his lawyer. But that guy does mostly legal work for actors, studios, etc., so I have no idea how much help he'll be.

Don't mention that. At the very least he might be useful for relating in lawyer terms what happened to your other lawyer.
 
Thanks again guys. I'm going to go offline now, my sister just showed up with my roommate, and we'll be driving to Mickey's. feel free to keep adding stuff while I'm gone though, I might be able to use it later. Thanks for that phone number Cami, I'll use it from the car.
 
Leave some messages.



QC's are useful for ensuring that procedure is followed independent of any other considerations. Nobody wants to be caught out.



Don't mention that. At the very least he might be useful for relating in lawyer terms what happened to your other lawyer.
I've left about a dozen. Hopefully he'll check them soon.

He know's his procedure alright.

Thanks for the advice again guys. Gotta go.
 
Thanks again for the help guys. It's become unnecessary though, since the scumbag did us the useful favour of showing up at Mickey's house while the police were there, and getting himself both a broken jaw at the hands of my roommate and tased by the police. I've also gotten hold of my father's QC friend. Mods, feel free to close this thread now.
 
Is she still alive lol
 
it was just a joke maan
 
If this remains open, I'd like to hear how this story develops.

Good luck regardless though. I can understand this really hits home.
Well, since you're interested, we did get in to see a magistrate tonight. I guess one of the advantages of having a QC in the family is that you can get a judge out of bed if you have to. He's officially barred from any form of contact with her, Mickey, or myself, for 60 days, pending review.

Of course, he's also in prison for the fracas at Mickey's house, remanded without bail until court on Wednesday. He's very unlikely to get out then, so the AVO is basically just insurance. My father's friend says he's unlikely to get out at all. He's already been charged, he's unlikely to even be given the option of bail, after which he'll be tried, and there's not a chance in hell of him not being convicted. Any chances of the cops stonewalling us ended when he got himself tased, which would have been the biggest problem.

We've also reshuffled the living arrangements for the time being, for more insurance. Sam's staying at my place - she just went to sleep, which is why I'm online again - Mickey's moved into my sister's place, my sister has gone back home to my parents and my roommate has moved into Sam's place, leaving Mickey's place empty. This was decided because if he gets out, he only knows where Mickey and Sam live, none of the rest of us. If he goes to Mickey's, he finds no-one. If he goes to Sam's, her parents still live there, so they need protection. Considering my roommate's record as an undefeated welterweight in several MMA companies, he seems like a pretty damn good choice. As much as I'd like to get a shot at this guy myself, I'm more than willing to step aside and let the guy who can actually kill him with his bare hands and make it hurt as much as possible do it. Besides which, the piece of filth is likely frightened of Josh after Josh made love to his jaw with his fist today, so he might just run if he sees him. He's known Sam since she was born for Christ's sake, and he tries this.

Tomorrow we're seeing Defence Force Human Resources, or some-such, for reasons I don't fully understand. I'm not allowed in, but Sam's parents and our lawyer will be. I'd appreciate any advice about that as well, if anyone has a clue.
 
Why didn't you just kick the crap out of him in the first place?

I was under the impression thats the legal system in Australia anyways.
 
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