My question involves restraining orders in the State of: Victoria
I had a Roommate, we will call him "Joe". I was lifeguarding at a local pool when Joe was messing around with another mate and slipped and hit his head on the side of the pool. I completed all the right procedures. He later on was found on the floor of our house "Unconscious and then later in pain". He was taken to hospital and for a long time after this he had several "head scans". Feeling guilty for not preventing his fall at the pool I left my job and went to a different city to look for work. Two to three weeks into my new life I found out that he was lying and was never sick or dying. I also found out that he was lying about working at a hospital, having a large amount of money and many other things. Being angry I shared words with him. None of them were of a threatening nature. Simply calling him names and bringing to light his lies. About a month after our last argument he sends a text to my mother telling her that I am gay and I am trying to "Destroy him." I went to his house to speak to him about this, he wasn't home but I had a chat to the other roommate we had and asked him to tell Joe that I wanted to have a meeting to get all the shit sorted out and smoothed over. I also sent him a message on Facebook asking for a resolution contract to be written.
His affidavit reads as the following :
The Respondent is a former housemate and friend of the AFM. On the 1/5/12 the respondent made a threat of facebook stating "Why do you think I bought the box." referring to a crossbow. (I did not send any such message over facebook and do not own a crossbow, I do own a compound bow however he has seen and played with this when we were friends and the compound bow did not come in a box?) The respondent has also threatened to loosen the AFM's wheel nuts and burn down property. (I have no knowledge of these threats, and I wouldn't even know where to begin when loosening wheel nuts.) Approximately 10 - 12 weeks ago at the AFM's home address the respondent punched the AFM in the head and face, this has occurred on two occasions. (I have never hit Joe in any way, shape or form. I even have a letter from him to my employer stating what a wonderful person I am and how I am an asset to his company that was written and sent around the time of the alleged assaults.) I fear for my safety and do not want the respondent to have any contact with me.
This is the letter i sent him on Facebook three hours before I knew about and received the Interim Intervention Order:
(Me) Aprox 5pm 01/05/12
I can’t seem to message Andrew so I hope you won’t mind relaying this message from me to him.
I have possibly found a solution to the current situation we have at hand. I believe that a well written and legally binding contract would be invaluable to the preservation of all relationships and persons involved. I realise that a contract is delicate and needs to be written by the right person.
As a way to overcome this I have decided, and you will agree, that two contracts would be better than one. I will write one of the contracts and you the other.
The contracts are to contain standards and regulations pertaining to our relationships end. Some of the key points featured should include that of:
i. defamatory and slanderous content (both verbal and written).
ii. Deletion and destruction of all previous media pertaining to the other party. All videos/recordings/photos are included.
iii. Public interaction. Simple gestures and social niceties.
iv. Consequences of defying or breaking said contract.
After we have completed writing our separate contracts we will have a digital viewing. If we are in acceptance of each other’s term of contract we will print the contracts out and meet at a public café. A third party for each of us will be required for consigning.
Once the contracts are signed we keep a copy each and go our separate ways. It’s a simple solution and impervious to simple-minded banter or defamatory comments.
If a contract is broken then it would become a civil matter enforceable by law.
No more shit (JOE), we are grown men and should act as such. Agreeing to this is the first step. I am from this point on discontinuing all thought or verbalization of you, however the contract is a good way to remind ourselves that the behaviour we have both been exhibiting is unacceptable.
Thankyou for reading and understand that my intentions are that of respect for the situation.
(Me) Aprox 5pm 01/05/12
Another point to make is that you leave Madeline out of all of this. There is not a single reason why she should be targeted.
I am not sure of how to address this as I am only 18 and I am wanting to join the Defence Force and I can not do so if he actually somehow succeeds in getting this made permanent.
I will be fighting the Intervention order but i am fed up with him ruining my life and hurting everyone i know, can I sue him for defamation?