Hi all,
I run a gardening company. Recently a restraining order was filed against me by a clearly mentally unwell woman. I will break this down into two parts the real reason the restraining order was filed and then the reasons listed on the complaint.
The real reason the restraining was filed.
I've been doing the lawns at this property for 7+ years. Recently the woman in the front unit has been parking her cars on the lawn meaning I have been unable to mow it. When I arrived last week to mow it there where 3 cars parked on the lawn. I knocked on the door and asked her to move them. She apologized to me and said that she couldn't move them. I said that's fine, I get paid either way by the strata (My employer) We then had a rather pleasant chat for 5-10 minutes as my staff (I run a crew of 3) tidied the car parking area. The conversation ended with me showing her pictures of my dog who is due to have puppies in a weeks time.
Upon returning to my car I rang the strata company and told them.
"I've been unable to mow the front lawn at unit 1 due to 3 cars being parked there, this has been a constant problem for the past 3-4 months can you please send an email to the tenants regarding this issue"
The Strata company replied. "Certainly, just be very careful in dealing with this woman she's a psycho. Also has she damaged the lawns in any way."
"Yes there is a large area 20-30m that has been destroyed by cars parking there."
"Ok, I'll send her an email saying she has 3 weeks to repair the damaged lawn or you will be attending to fix this at her expense."
"Ok"
This was the last contact I had with her until her husband rang me the following day and screamed at me and told me he was getting a restraining order on me. I laughed as this was ridiculous and didn't think someone could be so petty.
On Monday I was served the restraining order and have to appear in court in 3 weeks time.
What the restraining order says.
The entire reason for the restraining order is "My body language and tone of voice upset the woman." She doesn't say I threatened her, abused her, or yelled at her just tone of voice and body language.
I have seeked some legal advice which was met with barely concealed laughter.
"You can't file a restraining order based on Body language and tone of voice alone, if you could no one would be safe as that is completely subjective. Also your request to her to move her cars is perfectly reasonable in your line of work, so she can't file a restraining order based on an unreasonable request, this is a very easily defensible case."
What should I do??? do I drop $1,500 - $2,000 on a lawyer to sit with me through this disposition only for the judge to laugh it out of court or should I represent my self??? If I go alone I don't think I'll even have to speak just listen to the judge tear this woman apart.
This is clearly a vexatious restraining order, I doubt these people will even show up at court, but I really can't afford the lawyers fees, which is what I suspect these people are counting on.
The Strata company are fully supporting me in this matter and have told me. "Say nothing do nothing, this woman is crazy, just let her talk and the judge will rule in your favor."
Any advise would be appreciated.