If A Person Has A Restraining Order On Them Not To Contact The Victim ...

[ladybirder]

by any means, does drivingup and down past the victim's home break the order?

[fiction-factory]

It certainly sounds like a breach of the 'lockdown' at present unless they need to keep driving past on their way to/from work- eg delivery driver- which is unlikely. Ignoring the current lockdown, once a day would not seem a problem provided there is a valid reason , but if it's occurring say five or more times that could be seen as harassment so report it. But the victim might be advised to keep away from the window and the harasser might get fed up

[Peter Pedant]

yes

[ladybirder]

I wasn't thinking about it in terms of the lockdown ff but if all else fails ...
Thanks PP.
I can't put more details on here but it is a serious case. Calling the police was my advice as well but the victim thinks because there has been no contact, no phone call, text, email, letter, knock at the door, the Order hasn't been broken.

[fiction-factory]

I realise that, but if you get nowhere on the harassment/breach of restraining order you could dob them in for regularly breaching lockdown

[ladybirder]

Yes ff, that's what I meant when I said "if all else fails". I have passed it on. Thank you.

[Toorak]

Yes - it should be reported

[New Judge]

You need to look at the wording of the restraining order. They are all different and tailor-made to the individual circumstances. Some will say, e.g. "not to approach [the victim] within 50m" in which case your scenario may fall foul of the order. But those which say "not to contact [the victim] directly or indirectly..." may not. If the victim is being troubled she or he needs to contact the police and may need to go to court to request that the order be varied.

[ladybirder]

Thanks NJ. Unfortunately I am only getting this second-hand. By what I have been told I think it must be a not to contact directly or indirectly order which has been in place for a few years. This person has now been released from prison and within 2-3 days of release has started doing as mentioned. If it was me I would go to the police but for some reason this advice is being ignored, possibly because of fear of the consequences of this action but not from the police. Must check later on and see if anythings changed.

[ladybirder]

Ha, lot of good going to the police. Person is now jogging up and down on the pavement outside of where victim works. Also did the same to close relation of victim, looked them straight in the eye and smirked. Police said they can't do anything because contact has not taken place.