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Author
Topic: Legal / Council Advice
Pharcyde
Posts: 4174
Location: Brisbane, Queensland
My mum, sister, and mum's fiancee have been living in a house at Ferny Hills for about 4 years now. They have 2x dogs, both Maltese Shiatzus.

A bunch of derro drugf***ed wankers have purchased the house next door to them just last week, and ever since they moved in, it has been the typical party house (non-stop, all-hours parties, drug use on the back verandah in plain view, loud music, stupid party shennanigans).

Mum's been observing that, at all hours of the day or night, they have people showing up for 5 minutes at a time... usually about 6-7 times per night, different cars every time - this leads her to believe that they're probably drug dealers - but that's another story.

ANYWAY, on to the point of the story:

So apart from being a bunch of obnoxious rowdy c***s every night of the week, mum, her fiancee and my sister went away for the night 2 nights ago. They came back yesterday morning to find about 15-20 beer bottles on their front lawn, accompanies by a note. "Your dogs have been barking all night. If this doesn't stop, I'm calling the Council."

Now, if they're sitting in her front lawn, drinking piss and being a bunch of f***wits, of course the dogs are gonna bark. They bark when people walk past the house and stuff, just like 90% of dogs out there.

It sounds like this pack of f***heads are really making their life hell, and it hasn't even been a week yet. My question is, do they really have a leg to stand on? Is there any sort of legal action either side can take in this situation? Surely it doesn't have to be a case of "just deal with it", because they're the ones making the place unbearable.

Any advice for my mum?

Cheers
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Tollaz0r!
Posts: 7297
Location: Brisbane, Queensland
Give the cops good reason to suspect drug dealings and whatnot and hopefully they'll bust em good.
Reverend Evil
Posts: 13501
Location: Wynnum, Queensland
Nothing worse than small yapping dogs that bark at anything that walks past, then run away when you walk near them and continue to bark as you walk off.

Also, sounds like the people next door are f***heads.
TufNuT
I like eel pie
Posts: 2516
Location: Brisbane, Queensland
call the agent that is responsible for the house and make a complaint..if they are partying all-hours then wait till after 10pm and call the police about the noise and mention drugs.
Stez
Posts: 3152
Location: Brisbane, Queensland
Write down everything that happens.

Also secretly take photos n s***.
BigZub
Posts: 4188
Location: Brisbane, Queensland
go to their house and talk to them, try and sort it out.

calling the council or the cops might just make things worse for you guys.


HERMITech
Posts: 3773
Location: Brisbane, Queensland
You could always just walk over an "talk" to them an see if they respond in a civilised manner. If that fails, then just randomise their problems like, turn off their power/water/gas before assaulting them with helicopter gunships an teargas
SD Gundam
Posts: 3337
Location: Brisbane, Queensland
You could always walk over and talk to them and get stabbed to death because they are drug f***s.
TicMan
Posts: 638
Location: Brisbane, Queensland
Just report them to the cops and make sure you comment that you think their running a drug lab / drug dealing business.

Goto sleep, set the coffee to brew at 5.30am so when the feds storm the place at 6am, you have something to drink.
partyhat
Posts: 1036
Location:
Get the biggest c*** of a lawyer?
infi
Posts: 3229
Location: Brisbane, Queensland
Sounds like they are being a bunch of tards. thankfully, there is the Peace and Good Behaviour Act 1982 which provides at section 4:

(1) A person (the “complainant”) may make a complaint to a justice of
the peace that a person has threatened—
(a) to assault or to do any bodily injury to the complainant or to any
person under the care or charge of the complainant; or
(b) to procure any other person to assault or to do any bodily injury
to the complainant or to any person under the care or charge of
the complainant; or
(c) to destroy or damage any property of the complainant; or
s 5 4 s 6
Peace and Good Behaviour Act 1982
(d) to procure any other person to destroy or damage any property of
the complainant;
and that the complainant is in fear of the person complained against (the
“defendant”).
(2) A person (also the “complainant”) may make a complaint to a
justice of the peace that the intentional conduct of a person (also the
“defendant”) directed at the complainant has caused the complainant to
fear that the defendant will destroy or damage any property of the
complainant.


If they threaten your safety in anyway then you may seek an order preventing them from going near you and if this is breached they may be arrested and imprisoned.

Good luck.
Fuknukle
Posts: 4422
Location: Brisbane, Queensland
Just report them to the cops and make sure you comment that you think their running a drug lab / drug dealing business.
Goto sleep, set the coffee to brew at 5.30am so when the feds storm the place at 6am, you have something to drink.
hehe yea, they do that because those inside are less likely to fight back etc at that time in the morning.
also less likely to hide s*** etc
Pharcyde
Posts: 4175
Location: Brisbane, Queensland
Thanks for the advice guys.

So basically, if mum calls the cops and say "There are people coming and going at all hours, and I have seen them smoking drugs on their balcony - I think they are drug dealers", the cops will look into it? Or would it just be classed as hearsay and dismissed?

Also, what if, by some slight chance, it turns out they're not drug dealers or something - would they be able to sue mum for some reason?

I dunno I just don't want them to get harmed. I've never seen these guys, but from what mum and her fiancee have said, they seem like the kind of people who will react physically over s*** like this (IE: Either physical abuse, or trashing their house / hurting their dog etc).

Apparently some drunk dude rocked up on their doorstep at like midnight last night asking where the party was. Mum told him to f***off, and then he bent down to pat her dog, to which she told him to get f***ed again. He yelled at her then walked next door. Bunch of c***s
Persay
Posts: 3949
Location: Brisbane, Queensland
anger management
also ACA/TT
Trin
Posts: 2338
Location: Brisbane, Queensland
With your dogs, the coucnil will come around first to say theres been a complaint made. Make sure your dogs are registered or they'll hit you up with a $150 fine. Then if another complaint is made later on, they send surveys out to nearby houses about your dog. I'm at that stage at the moment, so i dunno what heppens from them on. Fkn c***s.
Bah
Posts: 1841
Location: Brisbane, Queensland
classed as hearsay and dismissed?
You need to watch more Judge judy, what you are saying is hearsay, your mum is a witness to the suspicous behaviour http://www.answers.com/hearsay&r=67
It would be the cops job to gather more evidence based on your mums eyewitness account.
nF
Posts: 12126
Location: Wynnum, Queensland
bah can google with the best
Stez
Posts: 3154
Location: Brisbane, Queensland
They're not gonna get a warrant for a sting if u just say they're dodgey. U gotta get some evidence.

Also, they do it at 6am because then it counts as a "daytime warrant" which is much easier to get (day time starts at 6am). And yes, if you've just been stung early morn when ur asleep, ur still pretty phased out and also more likely to say something stupid which will incriminate u.
Tanaka Khan
Posts: 2768
Location: Brisbane, Queensland
Does your mother own her property?
infi
Posts: 3236
Location: Brisbane, Queensland
also they if they have passed onto your property they committed the private tort of trespass and if they have left any garbage on your property they have committed the private tort of nuisance.

if i were you i would just get a surveillance camera installed at the front of your property and/or get better/more/movement sensor lighting.

Those two techniques are the best friends of most small business owners.
fpot
Posts: 12770
Location: Gold Coast, Queensland
Tell the cops you saw Daniel Morcombe in there. Smoking drugs.
Pharcyde
Posts: 4176
Location: Brisbane, Queensland
Yeah I'm gonna tell them to get sensor lights.

Bit of an update: Turns out, they were on the lawn / riding skateboards up and down out the front of the house yelling s*** at the dogs (as told by a neighbour). And then they have the gall to leave a note saying "Stop your dogs barking". f***heads.

Also, Mum's fiancee just walked down to his friend's house who lives on the other side of the c***house, who has lived there for 35 years. As he was walking past, about 20 of these f***s were on the front verandah giving him the finger and yelling s*** at him. He's never even f***ing SPOKEN to them, and they have lived there for one week. The guy whos lived there for 35 years said he's selling his home if something isn't done about it - how f***ed is that?

Anyway, they went to the cop shop and said their piece. Apparently the police are sending over a drug squad and a car to check it out very soon. I really hope something comes of this, because Mum is f***en terrified. She said they're a bunch of lunatics, and is genuinely fearing for hers and her family's safety.

Hopefully something happens. Either way, mum's gonna call ACA / TT tomorrow and see what can be done there. Probably not much, but they thrive on bulls*** like this to put on TV.
fpot
Posts: 12771
Location: Gold Coast, Queensland
Please tell her not to call ACA / TT :(
Pharcyde
Posts: 4177
Location: Brisbane, Queensland
She's at her wit's end. Knowing the police, they're gonna do three fifths of f***-all to fix the problem - from here it's just gonna get worse.

ACA / TT probably won't do much except get these f***s on TV, and perhaps put pressure on the police? I don't know, but it can't hurt that's for sure.
CHUB
Posts: 1241
Location: Brisbane, Queensland
She's at her wit's end. Knowing the police, they're gonna do three fifths of f***-all to fix the problem - from here it's just gonna get worse.
The police do a good job, they just can't obtain a warrant and raid someones house because "someone said they saw people using drugs"... the police put in the application for the warrant (after there own investigation), but a judge/JOP still has to approve it. If there's genuine danger, you should have no problem getting a court order... it might piss them off... but if they do anything about it, it's instant arrest.

Seconded on the don't call ACA/TT.

last edited by CHUB at 17:58:19 19/Mar/06
Trin
Posts: 2339
Location: Brisbane, Queensland
I thought that police could enter a place if they thought someone was getting rid of evidence or some bulls*** like that, or they thought I crime was being committed, without need for a warrant

something like that anyways, cant think back to high school legal studies
CHUB
Posts: 1242
Location: Brisbane, Queensland
Basically if a police officer gets ONE foot inside your house (if you invite them in)... they can conduct an emergency search "because they believe there is drugs on the premises".
Trin
Posts: 2340
Location: Brisbane, Queensland
I'm sure they're allowed to enter without permission if they think a serious offence is being committed
fade
Posts: 2211
Location: Brisbane, Queensland
i think the terminology is "reasonably believe" - the reasonably part is vital, but the sounds of it, it shouldnt be too hard to reasonably believe drugs on premises tho.
Pharcyde
Posts: 4178
Location: Brisbane, Queensland
Cheers guys, that makes me feel a bit better about the situation (regarding the emergency entrance etc), however at the end of it, regardless of who gets charged with what, I doubt it's gonna cause them to sell their house and f*** off =\ It seems like the only way to be rid of them, short of them electing to sell and move elsewhere, is for mum to move :(

Can I just ask why people aren't condoning Mum calling ACA/TT? It's a legitimate question. I don't think it's that bad of an idea, because like I said, it's not some stupid f***ing story that's being sensationalised to sound worse than it is - It's a legitimate problem.

You know there's an issue when people of 25 years in the same house are ready to move out after enduring 6 days of their new neighbours.
CHUB
Posts: 1243
Location: Brisbane, Queensland
You know there's an issue when people of 25 years in the same house are ready to move out after enduring 6 days of their new neighbours.
If that's the case, they can get a protection/violence order no problem... the police of course have to serve the people with it, which means they'll know there's a complaint and you're attracting police attention, which will piss them off... but that's part of the order, if they come over and start s***, 1 call and they're gone.

By gone I mean into lockup for the night, and they goto court (even if it's something minor). If it's something major or repeated, it's off to jail most likely.

last edited by CHUB at 18:36:47 19/Mar/06
CHUB
Posts: 1244
Location: Brisbane, Queensland
If you don't understand how court orders work... if the guidelines are set strict enough. Someone giving the finger is enough for the police to take them to court... calling them farkheads and such... is enough to take them to court.

Threatening with violence is enough to possibly get them evicted from the area. Actually doing anything physical can get them straight into jail.

You would be hard getting a court order that strict first off without any sort of previous conflict of some sort.
Pharcyde
Posts: 4180
Location: Brisbane, Queensland
They sent one car around, spoke to the house owner on the front lawn, and left.

Now the f***heads all got in their cars / on their skateboards and are driving up and down the street honking their horns and giving my family the finger.

f*** this :(
Trin
Posts: 2341
Location: Brisbane, Queensland
whats your address :)
jmr
Posts: 4264
Location: Brisbane, Queensland
What's their address, we'll get a molotov crew round for you
eighty-eight
Posts: 221
Location: Gold Coast, Queensland
im keen^
Viper119
Posts: 955
Location: UK
set fire to their house, just make it look like an electrical fault.
CHUB
Posts: 1245
Location: Brisbane, Queensland
They sent one car around, spoke to the house owner on the front lawn, and left.

Now the f***heads all got in their cars / on their skateboards and are driving up and down the street honking their horns and giving my family the finger.

f*** this :(
Go get an order man... then next time they do this... they will be violating the order, and the cops will arrest them... too simple.
Hardball, Billy
Posts: 5247
Location: Brisbane, Queensland
Sounds like a pretty s*** situation:(

I think the rule for dogs barking is that you can get a fine if they bark for longer than 7 minutes at a time. You can get on the spot fines too.

I agree that you shouldn't go to trashy TV shows, because nothing good will come out of it. These people would probably love to see their faces on TV. You won't accomplish anything by doing that.

I think your parents should seek legal advice ASAP. I'm sure this situation happens regularly and I would like to think there is a lot that can be done about it.

As far as I know, if your mum reports them or whatever, there is nothing they can do back legally.
r_mazing
Posts: 995
Location: Brisbane, Queensland
What a bunch of inconsiderate pricks...count me in for the molotoving.
reload!
Posts: 2585
Location: Brisbane, Queensland
Don't call ACA/TT cos they're d*******s.
Do call the cops because even if they don't come around and do something, they can at least answer a lot of these questions you have.
Cl1nt
Posts: 70
Location: Gold Coast, Queensland
'What's their address, we'll get a molotov crew round for you'

krust the klown heartily endorses this product and/or promotion.
nF
Posts: 12130
Location: Wynnum, Queensland
just send them an e-threat via ausforums pm, that'll sort them out
maxe
Posts: 12067
Location: Brisbane, Queensland
tell me more about your mother
taggs
Posts: 718
Location: Brisbane, Queensland
call cops if they're loud after 10pm. get motion sensor lights + camera. take incriminating evidence from said camera to police. if they enter your property/leave s*** on your property call the police. if you keep seeing them dealing/doing drugs see if you can legally get some evidence, if you can, take it to the police. if you can't, still take your concerns to the police. there are processes in place for these types of things, so use them.
Tanaka Khan
Posts: 2769
Location: Brisbane, Queensland
I'd just continue to call the cops. They start hooning up and down the street, call the cops, music til all hours, call the cops, if they are abusive to your family, call the cops. And go and see all the neighbours too, next door, across the street etc, get everyone in the street involved.
Booyah
Posts: 5083
Location: Brisbane, Queensland
I'd do it like so, and progress down the list if you fail to reach a mutual agreement.

- Have a friendly chat

- Have an unfriendly chat

- Talk to landlord

- Get neighbours involved.

- Get cops involoved

- Take em to court

- Threaten with Violenece

- Call some lebs and use violence

- If they're still alive and want to retaliate, move to a different area or preferably another country.
Viper119
Posts: 956
Location: UK
Haha thats great booyah, i just had a flashback from the pizza movie, "call everyone sleeks in trouble"
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