Australia's leading provider of affordable DIY legal kits
Call our Customer Care Specialists on 1300 728 200
   

Legal Forum

Welcome to the FREE AussieLegal Forum

This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.

To be sure we provide you with the most relevant information to your state, please let us know which state you your legal matter resides in:

ACT  NSW  NT  QLD  SA  TAS  VIC  WA  

AussieLegal recommends this law firm:

  FAQ FAQ  Forum Search   Register Register  Login Login

getting threats after starting legal action

 Post Reply Post Reply
Author
  Topic Search Topic Search  Topic Options Topic Options
iconoclast View Drop Down
Groupie
Groupie
Avatar

Joined: 04/January/2010
Location: Australia
Posts: 1270
  Quote iconoclast Quote  Post ReplyReply Direct Link To This Post Topic: getting threats after starting legal action
    Posted: 19/November/2011 at 04:20
Hi all; is it a criminal offence if you get threats of violence, economic and other harms such as being "fitted up" with criminal offences after you have taken perfectly valid legal action to recover a debt?

Is this not contempt of court?

What can be done please?
not legal advice

rambler1 View Drop Down
Legal Guru
Legal Guru
Avatar

Joined: 01/May/2006
Location: Australia
Posts: 1918
  Quote rambler1 Quote  Post ReplyReply Direct Link To This Post Posted: 19/November/2011 at 09:30
you need to supply a little more info icon like who is "fitting you up" and why would a threat be a contempt of court , why does the court come into it?
Luke 11 46: Woe unto you also, ye lawyers! For you load men with burdens that are difficult to carry, and you yourselves won't even lift one finger to help carry those burdens.

QuoVadis View Drop Down
Senior Member
Senior Member
Avatar

Joined: 11/September/2010
Location: Australia
Posts: 510
  Quote QuoVadis Quote  Post ReplyReply Direct Link To This Post Posted: 19/November/2011 at 10:05
Any threat of violence can result in an AVO at the least. If the threats are in writing, take them to the coppers.
BSL lawyers: leeches in suits and wigs.
Blood Sucking Lawyers - The Law Firm

iconoclast View Drop Down
Groupie
Groupie
Avatar

Joined: 04/January/2010
Location: Australia
Posts: 1270
  Quote iconoclast Quote  Post ReplyReply Direct Link To This Post Posted: 20/November/2011 at 14:32
it's a long story. Went to court to recover a debt and get an expired "free rent in lieu" of child support tenant out of the house. Not only did she ring and write threats, so did some of her family members.
Went to coppers about threats, they got the phone records proving the huge number of abusive phone calls etc but they decided it was "just a property dispute" and therefore "civil".
Meantime, she went to Mag Court attempting to get a VRO against me. Told JPs "no it's not violence, it's that the house I'm living in, they're trying to take away from me..... because child support has ended. It's just ridiculous. X filed a writ against me to recover [unpaid] rent but I'm just ignoring it. I came here to get it to stop etc."    
In order to get peace from her & family, an undertaking was entered into. She has repeatedly breached this undertaking. Matter now in appropriate jurisdiction but she is delaying endlessly. Took months just to get a "statement of contributions" from her but it's filled with demonstrable lies and contradictions. Stuff like "yes I got this money in addition to free accommodation" but nowhere is there any getting it that it's a debt she has to repay. It's more complex but I cannot go into much more detail here.
Her lawyer allegedly will not look at the incontrovertible documentary evidence in its possession.
Part of problem appears to be Centrelink status of OP and the s8 Social security definition of income. Her ex's lawyer is doing his best but is owed a heap of $ - catch 22! Help!
not legal advice

 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Want to save money?

Check out our list of do-it-yourself legal kits.

Need formal advice?

Let us help you find a lawyer who specializes in your particular area of law.

Need further information?

Visit our legal forum where you can ask questions and search for similar topics.