renamed: removing ex defacto fucking shithead from family premises

[ThunderIdeal]

thread title formerly: how to get a blank NOTICE OF EVICTION

would be really good if i got an answer in three or four hours. thanks.

Edited September 30, 2008 by ThunderIdeal

[Torsten]

YOU can't give a notice of eviction. Only the tenancy tribunal or court can do that. The landlord can only give a 'notice to vacate', and googling this will bring up results:

The victorian one is here:

http://www.consumer.vic.gov.au/ca256902000...etovacatert.pdf

Not sure if this is a national thing or if you need to find your state form.

[Torsten]

Try your state fair trading / consumer affairs department.

make sure to give the legal minimum or the notice may not be valid:

http://www.rentalagreementsdiy.com.au/tena...n_australia.php

http://www.legalcontract.com.au/nt_tenancy.php

[Torsten]

found the NT form:

http://www.caba.nt.gov.au/justice/consaffa...rminate_000.pdf

[ThunderIdeal]

i was looking for the wrong thing.

thanks for the quick answer torsten, very helpful.

[ThunderIdeal]

lol

i already have that file saved, just didn't think it was the right one. inquiring at SAB was clearly a smart move.

[Torsten]

glad to help

[incognito]

theres gotta be a juicy story behind all this.

[ThunderIdeal]

lol not really. i think the form might be wrong for my needs, but i served the fuckhead anyway.

see, this guy lives in a house that is in his partners name. she got a domestic violence order and fled. as there was never a tenancy agreement, i dunno, it's probably a family court thing? i don't suppose she can kick him out easily. the justice/magistrate will easily see that he's a dead-set loser, but these things take a long time.

[Torsten]

if the house is in her name then she can kick him out. if he then wants a share of it because he contributed to the relationship, then he has to take it to court and the court decides how much he is entitled to.

if she has an DVO on him she should get into the house with some friends while he is not there. Then when he gets back he should be reminded of the DVO and told to leave and to never come back [immediately call the cops if he doesn't leave]. In fact, she could get the DVO made out to cover the address of the house as it is her property.

did she own the house before they got together?

This is not a tenancy matter in any way, shape or form. I think she needs to get some legal advice immediately so that she knows what her option are. if it is her house then she has the upper hand and there is no need for her to run. Even if she gets the DVO amended to include her residence and property, there is no reason why she has to actually stay there [if she is scared]. By leaving the guy in the house he is being rewarded for his abuse.

[ThunderIdeal]

after getting legal advice regarding what you said, that is pretty much what we will proceed to do. it's gonna be further delay to extend the DVO (although it will happen i think) so she is coming up. it should go smoothly, if there are any twists or whatever i will post again.

[Torsten]

good to hear. Please keep us up to date [by PM if not suitable for public posting] as I like to see how the theoretical law works out in practice in such cases. It's good to keep such discussions public though because so many people are in similar situations and often it is the lack of understanding of one's options that perpetuates such untenable situations. ie, I always feel that if just one person reads such an account and this facilitates him/her getting out of that situation then it was all worth it.

[ThunderIdeal]

breifly as im using my phone to post.

Cops are almost certainly taking his side i believe. His rellies own half the town. Thats maybe beside the point.. Ive recorded each encounter, one cop did say we could do like you said, but attempts did not go to plan. They say now it is aiding his violation of the dvo, that we must go to court to extend it rather than use the dvo as a means to remove him. Without going into details of negotiating with cops, fuckhead told them he has papers showing joint ownership (a lie, among several others he told, probably on the advice of police as he is too much of a loser to be this cunning) and our lawyer even said cops wont risk throwing him out if he MAY have a right to be there.

Dvo hearing moved forwards, more news tomorrow i hope.

[Torsten]

yeah, best to have the court decide. courts are less likely to be influenced by the social dynamics of the town and the cops have to play along then.

[ThunderIdeal]

ugh

i don't want to talk at length. such an ugly matter. now that i think about it, since there's a tiny tiny chance that the other party will read this, so i'm not going to mention any details yet. i will say that cops are fuckheads.

you need good legal advice. acting on poor legal advice has cost us thousands in travel, accomodation etc, and has probably worsened our standing. this is not your fault torsten, as you make it clear that you are not a solicitor, however solicitors (and a cop) did approve the same course of action and it worsened the issue whether or not it could have potentially solved it, i don't know.

i'd love to give a solicitor all of my money to settle this, but she may need serious coin for the upcoming custody and property dispute so getting fuckhead removed from the house is sadly, not enough of a priority.

i might shoot you a confidential PM in case you have a helpful comment. i'm doing my best but this sucks, and i should have known given my familiarity with family court proceedings.

[Legba]

For what its werth, i have bin led to believe that a family court magistrates main concern is for the children involved. Providing evidence that shows ur a better parent rather than rubbishing shithead would be an advisable approach.

http://www.familycourt.gov.au/wps/wcm/reso...ng_to_Court.doc

maybe use the above link to help u form questions for your lawyer. Good luck.

[Torsten]

these things always get as ugly as the other side decides to make them. While the road ahead might be tough and expensive, when violence is involved the alternative well, usually isn't an alternative.

You did not mention that this involved kids. It does complicate things, but seriously, it does not sound like she had any other option than to pursue this path.

Family courts will usually side with the kids, but in cases of violence this automatically impairs the rights of the perpetrator - especially if the violence happened in front of or in earshot of the kids.

If this thread at any time becomes a problem for you just let me know and I will switch it to invisible rather than deleting it whole or in part. That way it can be resurrected when it is all over.

I am curious why you think the solicitor's advice [or mine] was bad? was there an alternative?

edit: just reading your PM after having posted this, so some of my questions are probably already answered.

[ThunderIdeal]

bacchant, your advice is pretty accurate. it's probably good that i'm involved because i had nothing better to do than listen in on family court proceedings for half a year. i have some idea what looks good and what looks bad which is part of the reason why i want control of the family premises. we have attempted to initiate phone contact with children, which is mature and helps build our case. i think the record will show that fuckhead wasn't even really interested in contact. i don't want to get into family court stuff because it isn't my current concern (fuckhead doesn't stand a chance IMO, too much of a fuckhead for the justice/magistrate not to notice). my concern is turfing him out of my friends home before he destroys it and assets within, and i won't discuss the current plan yet. kids weren't mentioned because this all comes later, although more facts means better advice so maybe i should have. in truth, if i mentioned more facts here earlier, it might have been easier on us.

i appreciate your support torsten. for now any sensitive issues will just be left out of the thread so it can remain public, and any sensitive issues will be PM'd. if you share my PM in private, that is fine.

i don't think your advice was bad, it just didn't work in our case and i don't know if it WOULD HAVE worked. it may have worked if we had been able to enter the home while he was out, but fuckhead was probably aware of our plan due to small town, shit head police. fuck them and everything they stand for, they are mongrels. i warn readers not to expect cops to do their job, that is the best case scenario. cops are low life pieces of shit. fuck them. pay for an expensive lawyer that will NOT TAKE SHIT, from judges, police, anyone. a lawyer is your only competent friend in these matters, and their friendship doesn't come cheap. police are your friend if they are clearly required to be, otherwise don't depend on them. they avoid civil matters (or any actual work) like the plague, and you can't expect them to be neutral in a small town. why was the advice BAD? because now a DVO may be taken out against myself and other parties, for attempted B & E, harassment, and other imaginary occurrences. have i mentioned yet that police are a hindrance? have a lawyer that actually knows what he/she is talking about, and make sure they detest cops from the beginning because that means they have spirit, and a clue.

i have been pretty negative, in posts and PM's. thank you very much for listening and providing advice.

[Jesus On Peyote]

No offense as i dont know the specifics, but this "fuckhead" also deserves the full comfort of the law.

[ThunderIdeal]

he's had more than that, he's had the full comfort of country hick fuckhead police that have siding with him and death is too merciful for this cunt by fucking orders of magnitude. the law once fully expressed isn't going to award him anything in the long run, but the short term has been frustrating and expensive for us.

sigh

i agree, but the law can be a pain in the ass for the good guy, and a boon to the bad guy, sometimes.

anyway, i think our legal advice is sound now, i'm not posting any more but if anybody has queries RE: this issue or family court issues then they can PM me and try torsten too because he had good advice... but as i said you can only trust legal advice if it comes from a competent solicitor.

[ThunderIdeal]

actually i have a question. anyone know the cheapest way to hire a car by the day/week? in darwin now, btw. i'm looking into companies like rent-a-bomb. after all, it would be rude of the law to let my friend access her own car and accommodation so i'd like to spend more of my rapidly disappearing cash.

[Torsten]

actually i have a question. anyone know the cheapest way to hire a car by the day/week? in darwin now, btw. i'm looking into companies like rent-a-bomb. after all, it would be rude of the law to let my friend access her own car and accommodation so i'd like to spend more of my rapidly disappearing cash.

if you think you can claim these expenses as part of the settlment then get a hire car. if this is unlikely then maybe best thing is to buy a bomb and then resell it when done. the 3K you spend on a reliable small car would only get you about 2-3 months of hire car and at least there is still a 2-3k value at the end of it. best if the car is not in her name so it doesn't go into the settlement.