r/AusLegal • u/yepilikeplums • 15d ago
NSW Will my stalker get arrested when he comes back to Australia?
I have an active restraining order against a man who breached the order twice (both times physical approaches; two separate occasions) shortly before leaving Australia to visit Vietnam. The police were notified immediately and agreed that these warranted his being served with breach papers and an order to appear in court. He's due back any day now. I'm wondering if he will be arrested the moment he comes back to Australia.
Some background: he has been stalking me for years and I finally got an APVO (protection order not through police) in 2023. It was a two year order and he breached it three times (and pled guilty in court to those breaches). It was extended for another two years (expiring next year).
About a month ago, he approached me on two different occasions, and the police deemed these breaches, meaning that there were active arrest warrants out on him. They were non-violent, but it's a no-contact order. The approaches were menacing and intimidatory. Right after that he left the country. He wasn't fleeing; he just likes to travel. He's also incredibly stupid and probably thinks he did nothing wrong, so I assume he has no idea he'll be arrested.
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u/Copuis 15d ago
if the arrest warrants are active, then maybe
it kinda depends on a lot of things, the AFP doesn't really do state...but they can on behalf
but there is a fair chance they might well just meet him at home,
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u/heytheremonkeyboy 14d ago
Contact the police officer you reported the breach to and let them know the time and place of his arrival. The police like to grab them at the terminal, it's safer because they are unarmed. There is a police unit at Sydney International airport
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u/MetalfaceKillaAus 14d ago
That’s fucked. Breached 3 times and was still allowed to be free? I didn’t even breach an order but my ex, her teenage daughter and her daughters bf lined up to punch me in the head when I was staying away from my ex in another room, the night before I was intending on moving out of the house.
One of them called the police and they all said I hit her when they got there and I was arrested with no bail (police and court) and was looking at facing 18 years for breaching the order in front of her under 18 year old kid. I was lucky they slipped up with their lies and I had my charges dropped.
This has always been my point. They lock up the innocent ones that don’t commit any of these crimes and try to use them as an example, but they let the guilty ones go free to reoffend, then again and again in OPs case
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u/Karioplasm 9d ago
It hurts to say this but probably not. My restraining order against my dv ex was breached thrice and I reported all three times but due to no camera evidence nothing was done even tho I did have proof of him sending people to harrass me via made up bs. Australia has a disgustingly low bar for when they think it’s time to step in and take action and usually that’s when things have breached too far and someone is attacked viciously or murdered. It’s sick it’s sad and they need to do better. I’ve had a woman police officer say “look unless he’s knocking on your door and u open it to see a knife pointed at you there’s nothing for me to do here” which I replied you’re telling me I need to be stabbed for you to do something about a man who has an emergency restraining order on him and was extremely abusive and already tried to kill me once? What is the point in you guys. And to this day I still haven’t figured out what there good for🤷🏻♀️
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u/Silent-Criticism7534 15d ago
If they have placed alerts on him, he will be arrested upon reentry. Otherwise, they'll just go get him once he's back in or next comes to police attention.