How to know (housing) neighbour's name?

Discussion in 'Legal Issues' started by aussieB, 22nd Jan, 2019.

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  1. aussieB

    aussieB Well-Known Member

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    So, we are dealing with extremely noisy and rowdy housing commission neighbors. With the recent most incident, the police advised us to get a Personal Violence Order. When I went to the Civil Registry at the local court (Darwin, NT), I was informed they will not take in an application without the defendant's name.
    I called the police and the housing commission and both of the pretty much told me 'privacy, we can't tell you the tenant's name'.

    We are going around in circles -> police says get DVO -> court says wont accept application without name -> police and housing both aren't providing the person's name. I emailed the contact person at the Right to information division and I was again denied stating
    How does one go about getting a neighbour's name for the purposes of a PVO?

    Cheers
     
    Last edited: 22nd Jan, 2019
  2. hammer

    hammer Well-Known Member

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    Oh gawd....even if you get their names and slap them with the PVO....er what is the outcome of that?

    Can you move?
     
  3. Joynz

    Joynz Well-Known Member

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    What is the personal violence order supposed to achieve?
     
  4. Scott No Mates

    Scott No Mates Well-Known Member

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    Put the order on the Minister for Housing. :eek:
     
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  5. jprops

    jprops Well-Known Member

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    Check their mail.
     
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  6. aussieB

    aussieB Well-Known Member

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    No, we can't move. Per the police, it is a bigger priority and very easy to attend to a breach of a PVO. Also the courts take a while to issue an order, so the sooner I get started the better.
     
  7. aussieB

    aussieB Well-Known Member

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    hopefully, it will stop them from:
    • contacting us
    • using violence against us
    • causing damage to our property, including injury or death to animals
    • threatening to use violence against us
     
  8. aussieB

    aussieB Well-Known Member

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    This definitely crossed my mind. Someone told me its a felony. But when I googled, it looks like it may be an offence only if the mail is opened ?
     
  9. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    can't the police get the order for you?
     
  10. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    There is a process using the Court. The court registrar may be able to access identity information from Police. Speak to them at the court ?

    Personal violence order

    Good example of a case for seeking legal advice
     
  11. inertia

    inertia Well-Known Member

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    Surely if things have progressed down this path, the police should be able to assist with the process...?

    Cheers,
    Inertia.
     
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  12. The Y-man

    The Y-man Moderator Staff Member

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    Here in Vic, when we have had similar issues, the point of contact has been the government department of housing (who own the property). They are usually pretty responsive in either warning the tenants or moving them on if they are causing problems.

    My understanding is that police can't/won't get involved unless a law has been broken - being noisy and rowdy isn't necessarily breaking the law (as unpleasant as it is). If there is actual damage to property, direct threat of violence, actual violence, etc then its definitely police time.

    The Y-man
     
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  13. D.T.

    D.T. Specialist Property Manager Business Member

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    Call police and log a complaint about whats happening.
     
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  14. aussieB

    aussieB Well-Known Member

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    Nope. All they can give in this situation is advice. When I spoke to them, they said they can do much more in cases of domestic violence.
     
  15. aussieB

    aussieB Well-Known Member

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    I did. The registrar said it was up to me to work this out via either of the departments and there was nothing they could do. I am going to seeking legal advice before which I want to make sure I have turned every stone.
     
  16. aussieB

    aussieB Well-Known Member

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    They have asked me to get a PVO - other than that they want us to keep calling them whenever there is an issue. But nothing more.
     
  17. willair

    willair Well-Known Member Premium Member

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  18. Joynz

    Joynz Well-Known Member

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    Have they been doing any of these things? The OP just says they are noisy.
     
  19. Heinz57

    Heinz57 Well-Known Member

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    Ask the postie?
    Ask the other neighbours?
    Introduce yourself and ask their name?
    Private detective?
    Go through the garbage?
     
  20. aussieB

    aussieB Well-Known Member

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    So, after going through all of this, I thought I will post an update in case some one is in such a situation. The NT's Personal Violence Restraining Order act has a clause (section 21) which basically says if the applicant believes a third party knows the defendant's name then the applicant can request the court to order the third party(power, water, electoral roll, etc) to provide the name if the applicant has already made reasonable efforts in finding out the persons name and hasn't been able to. I am almost certain every state/territories' act will have such a clause. It was a challenge to get the registry to accept the application as the front counter staff/supervisor/supervisor's supervisor were all unaware of this. I had to carry with me the act with the highlighted portion for them to read, analyse and consult with other court staff to even take my application in.

    At least in the NT there are community legal help services available for no fee and I highly recommend them.
     
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