This article is for persons living in rental accommodation or Department of Housing (FACS) accommodation (State Housing) or Boarding Homes (Shared accommodation)
When a complaint has been made with you or someone else involving you, police can investigate and have the matter sent to court. As a result, an Apprehended violence order may affect you, you may be in danger of losing your housing and any Bonds you have paid.
CASE EXAMPLE BELOW as to how this can happen.
See Liam’s story.
Liam was charged with 2 charges.
Liam lives in Department of Housing accommodation and has had problems with his neighbours for 5 years.
Liam attended court and wanted to plead NOT GUILTY. As a result of the plea of not guilty, the matter was set down for a defendant hearing. Liam attend court and participated in a hearing and his neighbours were required to give evidence.
RESULT – Liam lost his case in court and is on a waiting list to be moved from his accommodation to another home. This waiting period has caused anxiety with Liam as he now has an AVO as well with the same neighbours and is at risk of breaching his AVO which will result in a fresh charge and new court proceedings.
Please note – Liam suffers from mental health issues and is diagnosed with a mental illness. Liam did not want to admit he had anger management problems that are caused by his mental illness and medication.
In this case study, Liam could have explained the reasons for his behaviour and had a better outcome.
STALK/INTIMIDATE INTEND FEAR OF PHYSICAL HARM (PERSONAL)
DESTROY OR DAMAGE PROPERTY.
FULL FACTS Cont’d
This unit block is owned by Department of Housing. About 12:45pm on Wednesday, the accused exited his unit and walked down stairs until he reached the ground floor corridor. He saw that the security door was open and was concerned by the fact that the door was open. The open door allows people to access the building. At this time, the accused picked up a shelf which was placed on the rear community door to keep it open. The accused began to yell the words, ”The fucking doors are unlocked. Fucking told you to close the door.
The accused directed these words to the victim and his wife, who were both inside their unit, being unit 8. The shelf belongs to the victim and the victim’s unit is right next to the rear community door. The accused proceeded to walk upstairs with the book case in his possession. The victim opened the door and noticed that the accused was with an unknown male friend. The accused and his friend were on top of the stairs, standing on the landing. The victim said to the accused, ”Return the shelf or I’ll call the police.” Moments later, the accused friend walked down and returned the shelf to the victim. .. OFFENCE 1:-STALK/INTIMIDATE INTEND FEAR OF PHYSICAL HARM (PERSONAL)-T2
The accused proceeded down stairs and began to walk towards the victim’s unit. The accused then told the victim, ”I want to take you’re fucking heads off right now.” The accused friend was attempting to restrain the accused, however the accused broke free from his friend and ran over towards the victim. .. OFFENCE 2:-DESTROY OR DAMAGE PROPERTY.
The victim saw the accused getting closer and went back inside his unit, closing the fly screen door behind him. The accused stood in front of the screen door and with his right foot, the accused kicked the screen door approximately four times, causing a loud thump and damage to the screen door. The victim said, ”I’m going to call the police.” The accused replied, ” I don’t care. Do what you like. I’ll be gone anyway. They won’t get me.”
The consequences of having a situation with you or your neighbours is in Department of Housing is losing
The accused exited the unit clock, before the victim dialled triple zero requesting police. A short time later Police attended and noticed a cove and dent in the centre of the screen door which was caused as a result of the accused action. A number of photographs of the door were obtained. Police obtained statements from the victim and his wife who provided the above version and confirmed that the accused actions were intimidating and caused them fear.
It is unknown at this stage what the total cost of the repair work needed to fix the screen door. However the victim will notify Police once he has contacted Department of Housing. Police attended unit 8 in attempt to raise the accused, however were unsuccessful. About 3:45pm on Wednesday the 8th June 2016, the accused attended. Police Station and was served a copy of the Personal Violence Order. The accused was offered the opportunity to be interviewed in relation to the above, however he declined. The accused is now charged with the matters before the court.