Let's take a look at any possible root causes for this behaviour first. Is the person crazy? If so I don't expect any solicitor would act on the instructions.
What are the solicitors letters demanding? Are there any grounds for the demands?
If they are seeking money for some alleged debt, do you owe any? If there is a dispute about this have you tried addressing this in the appropriate forum?
No point in applying for an AVO or similar if the others side can prove they have some grounds to seek redress, the court may well stop their current action but tell them to sue you. If you address the root cause the harassment will stop.
In qld (and in other states) stalking is a criminal offense. Have a read of the qld legislation and if you think it meets these criteria then you should make a complaint to the police.
The police may try to brush you off. Don't let them. Police have an obligation to uphold and enforce the law.
In qld we have peace and good behavior orders....have a read:
I hope this helps
OK so they believe you have something that that they claim is theirs and you claim is yours?
Perhaps an action in the QCAT may stop the harassment, remember any action for peace and good order may well stop the verbal harassment, but it will not stop the solicitors letters.
They believe they are right you believe you are right, the first step to any action in QCAT is a mediated conference with the other party. Might be an idea to go down this track.
Hi Martin I have all legal documentation and proof of ownership. There is no claim. It is like me trying to make a claim on YOUR car. I have none. But I go tell the lawyer I own it. Lawyer is acting on what they told them we have replied with our legal proof. Lawyer gone away now. You cannot go to QCAT for something you don't own or never have owned. I don't want to go into the full drama of this just want to know if I can get a PVO against someone in another state. As they failed legally and now continue to harass
I think perhaps MartinO was recommending mediation..... I'm in 2 minds about that. if they have been ripped off somehow, probably the way to go. If they are genuine bona fide nutters, then it is best you don't respond to their attempts at communication. Avoid all communication with the stalker
I understand that you do not want to go into details, but it does not help us give a good answer.
Obviously these people believe they have some right to the items in dispute, could it be that they are part of a deceased estate? There are often problems when a deceased person tells one party, prior to their death, that they would receive something in the will, and then forget to include that item in the will.
What documented proof of ownership do you have?
What dispute they had has been squashed by my legal advisor. That is not the question I asked my question was about unwanted contact from someone who sends numerous abusive emails, texts and phone calls. It is about trying to intimidate people who do not want a friendship with this person. The ownership issue is now irrelivant the issue is can a PVO be taken out on a person in another state?
[QUOTE=picadilly] The ownership issue is now irrelevant [/QUOTE]
Rubbish, that is the root cause of the problem.
The fact that your solicitor said the matter is squashed is irrelevant, only a court can decide that.
Remember in any court case there are two sets of legal advisors usually, and each has the opposite point of view. IE 50% of them are wrong.
If you try to get an order regarding the harassment, the court will want to know what it is about.
Getting an order may not be the solution to your problem. Having the ownership defined in a court may be.
MartinO's suggestion is not without merit.
I guess it depends on you being able to prove threat and fear. However, getting the police to act on something is not always easy. ("The accused said it was his property and he was pursuing legal means to retrieve it. Case closed").
And my impression of PAGBO is that they are not particularly useful. They will involve you getting before a magistrate who may order mediation anyway. Oh and the police don't have to enforce PAGBOS if they choose not to, which leaves it to you to take the person back to court. Can get expensive.
I don't think Queensland has very good laws to prevent harassment.
Gorodetsky 2014-02-07 12:19:12