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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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Re filing a claim . I have an ongoing dispute

Resolved Question:

Re filing a claim for harassment . I have an ongoing dispute re boundary with a farmer. Police have warned them not to approach us. I was recently arrested based on a false complaint, Farmer stated I had damaged his vehicle. I have been charged today for damage to his vehicle and being reckless. I have a witness and am certain that no damage was caused by me.
the complaint is malicious and we have been harassed by these individuals for sometime, they continue to cause problems and have succeeded in making my life hell.
I have been asked not to approach them. Can I commence harassment proceedings as I have enough evidence. or will the police arrest me falsely stating that I have contacted them(by filing a claim)please help.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Contacted who? The farmer?
Customer: replied 2 years ago.

yes if I file a claim for harassment, can the police arrest me stating that I have contacted the farmer who I am not supposed to contact. apologies it sounds all very stupid but thats how it is

Expert:  Jo C. replied 2 years ago.
Has there been an issue with you making vexatious complaints? Is that what they are saying?
Customer: replied 2 years ago.

No one has ever said that. I know that the farmers have threatened my wife who has complained the police twice, I understand police have then gone and cautioned the farmer?? in November. 2014

I have only complained once

so my question was am I allowed to have basic human rights or have been taken away by the police who will now harass and arrest me for everything and anything because they can.

I did complaint to the police about the unlawfulness of my arrest and conduct of the officer who attended and apparently they are investigating.

Expert:  Jo C. replied 2 years ago.
Litigation and making allegations can form the basis of a harassment action. I do not think that is made out here though.
There are people who are now being sued for harassment for making false allegations but usually they have made literally hundreds of allegations against a person before action is taken.
If you have only complained once then issuing against him now will not be sufficient to make out a harassment.
In terms of the police, they will not attend uninvited. They will attend if he makes further allegations. Unfortunately disputes of this nature between neighbours do tend to lead to both parties receiving warnings in the long run essentially because whenever one party phones the police the other has a vested interest in doing so next time.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

it is a total of 3 complaints 2 by my wife 1 from me .

obviously as I am being charged for something I haven't done I am certain that there will an end to this, and this may prove their complaint is false

Expert:  Jo C. replied 2 years ago.
You are not responsible for your wife's complaints. You are not responsible for her disputes either.
Unless they are going to argue that you encouraged her in some way which is just too complicated for the police.
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