I was just on here before but my internet cut out when I went to pay the $5. What I say on here, can that be used

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Customer: Hi, I was just on here before but my internet cut out when I went to pay the $5. What I say on here, can that be used against me or anything?
JA: What state are you in? It matters because laws vary by location.
Customer: victoria
JA: What steps have you taken so far?
Customer: I was talking to someone about: a woman that claims she has photos and will leak them if I don't stop seeing her son, but she actually doesn't have any photos
JA: Anything else you want the Lawyer to know before I connect you?
Customer: the son is 16 and I'm 19, but he lives with his dad who is happy for me to be there, and his mother and son don't really talk anymore
Answered by John Melis in 24 mins 2 years ago
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John Melis
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John Melis
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John Melis
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Do you have anything in writing that supports your matter?

Customer
Do you mean something that proves she doesn't have the photos? Or that she tried to threaten me with them?
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John Melis, Expert

Based on the information you have provided, you are able to get a restraining order against that person to protect your legal interest.

In addition you can also raise a defamation claim.

Restraining orders can be used for various matters, such violence, psychological abuse, financial abuse, verbal abuse, or where there is an imminent fear of violence, or where children hear or witness the same.

The intervention order may:

a. Prohibit a person committing violence against another person.

b. Exclude a person from the victims residence.

c. Restrict a persons access to any premises or specified are, such as workplace.

d. Prohibit a person from contact another person associated with the victim.

e. Require a person to do something, like attend counselling.

f. Direct person to use specific property.

The intervention can be broad out narrow in its requirements.

All you need to do is to demonstrate how the abuse/violence is occurring. An example of violence includes, financial abuse, which is where one partner does not provide sufficient monies for living costs, or creating undue duress on the other party. In this example this is both financial and psychological abuse.

Restraining orders can also be issued for non-family matters, such as stalking, intimidation or harassing conduct, m which is now called a personal safety order. The facts of the claim needs to support the same.

The law will protect you where you are being harassed, intimidated against, or there is financial abuse or psychological, verbal or other forms of violence with a restraining order.

If you consider you need a restraining order, you an attend your local police station to provide a statement and they will determine based on the facts if an interim order will be issued.

If you cannot attend your local police station call 000 and the support operator will assist by arranging the police to come to you as soon as possible.

The police subject to the circumstance, will then issue a interim order for the protection of your safety.

If you do not want contact the police, you may make an application at the local court for an intervention order, and the court will then decide on the balance of probabilities if the interim order is necessary.

An interim order is a temporary personal safety intervention order made by the Court to protect a person from assault, sexual assault, serious threats, property damage or interference, harassment or stalking until the court can decide whether to make a final personal safety intervention order. An interim order prevents the other party from behaving in certain ways, or requires the respondent to do certain things, stated on the order.

An interim order is a civil order, and making an interim order does not necessarily mean that an offence has been committed. However contravention of an interim order is an offence punishable by 2 years imprisonment or a fine of 240 penalty units or both.

You cannot permit the other person to contravene an order of the court. This means that, even if the protected person, you, allows a respondent to disobey the interim order, the respondent would still commit an offence if the contact you.

You have a legal right to protect your safety/interests in this situation.

Would you like to consider this option.

​Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer
does what I say here stay confidential?
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John Melis, Expert

Yes

Customer
the legal age of consent in Victoria is 16, correct? As long as the person they are having consensual sex with is not in any kind of authoritative role?
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John Melis, Expert

Yes, but it depends on the age of the other party as well

May be we should talk on the phone on this matter

If you prefer to talk on the telephone, I have sent you a special offer of $8.00 to assist you in more detail, as it will make it easier to discuss your matter. I kindly request that you complete the details on the offer, and we can talk straight away as you need. Otherwise, we can keep chatting in this box.

Customer
I would call, but I only get paid next week. so if one person is 16 and the other is 19
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John Melis, Expert

is the 16 year old making complain to the police yet ?

Customer
No, they won't make a complaint because they want it as well, it's the mother who is threatening to take photos that she doesn't have and leak them to people like my family and community. But there is the worry that she might try and take it to the courts. It's been 2 months since this threat though and nothing has happened
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John Melis, Expert

The best way to deal with this matter is to get restraining order as quick as you can

Customer
on her? won't that agitate her?
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John Melis, Expert

Yes it will, but it will also stop any negative action against you too

Customer
if the mother went to the courts/police, could my daughter, the 19 year old get into any trouble realistically?
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John Melis, Expert

There is a serious concern that this could occur. But you need to put pressure back on the other side so that doesn't happen

Customer
if she gets a restraining order, does that mean the mother can't file a report against her?
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John Melis, Expert

It doesn't stop the mother for filing with the police, but what it does it creates a psychological aspect that the mother will most likely back off and not file that's the Power Point.

Customer
ok, so if it went to the courts, how much trouble would my daughter be in?
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John Melis, Expert

The risk your daughter is facing is being placed on the sex offenders list which would have far-reaching consequences in regards ***** ***** employment, and restrictions on travel.

Customer
even though the son is fine with it all and he is 16?
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John Melis, Expert

You are correct with your thinking, however in the last five years public policy in regards ***** ***** adults under the age of 18 has taken a serious turn in relation to so-called sexual crimes.

Anyone under the age of 18 years of age who has had sex, their parents can pursue charges against the person who is over the age of 18 which subsequently would result in the offences as I detailed above

Your challenge at the present time is to try and stop this from occurring and putting a restraining order in place would be the best option at this present time

Customer
the son lives with his father, who is fine with what they had going on. But the mother who is hardly ever in contact with her son and lives 40 minutes away isn't. What would happen there?
Customer
would the mother's opinion be the main one since she made the complaint?
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John Melis, Expert

The key point, is as long as no one makes a complete complaint, there are no charges would be laid.

Maybe another option you can consider if the other parties wanted to make some form of complaint, is to try mediation with the assistance of a lawyer, that is your local lawyer. Maybe this will calm the situation down. To avoid a police complaint being raised.

Customer
excellent, thank you so much for your time, I will talk to her and my husband about it all. I really appreciate it
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John Melis, Expert

You are welcome, and thank you for supporting the community.

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