An AVO is NOT warranted here. You will be up for a costs order and lots more anxiety than you are currently experiencing and you will cause unnecessary anxiety to this lady who does not deserve it. AVOs are not the knee jerk solution to problems in civil society, they were originally designed for people who fear being murdered.
This is based on what? Your personal knowledge of the case or the people involved. Should the OP put up with the harassment because the harasser may get upset if they complain? Also, I referred to an APVO – an Apprehended Personal Violence Order which is different.
Maybe AVOs were originally designed for people who feared being murdered, but the world has moved on. Let’s look at what the NSW Police website says about who can apply for an APVO:
Any person who is or has been the victim of physical assault, threats of physical harm, stalking, intimidation or harassment and has a reasonable fear to believe that this behaviour will continue.
OK, and as for costs, how does the process work? Again let’s go to the source for information:
A person over the age of 16 or a Police Officer can apply for an AVO. A person can speak to the Court Register at their local court. If the behaviour amounts to a criminal offence, you should report the matter to police, whether or not you have a relationship with the perpetrator. Police will assess your situation [and] obtain a statement if required …
So where are the crippling costs? Of course mediation is preferable, but what if the other person doesn’t want to mediate (perhaps you should look up the definition of the word before responding)?
What you describe sounds like there is inadequate insulation between floors. For example, you should have wall to wall carpet with underlay on your floor, not exposed floorboards.
So is the OP supposed to carpet her bathroom and shower?
What is required here is a circuit breaker and for the downstairs neighbour to get a clear and strong message that they can’t keep complaining about every little noise the OP makes. Alternatively, if it is a noise insulation problem, they should take it up with the owners corp.
I offered a range of potential solutions in my reply, ranging from an APVO to earplugs. Yes the APVO would be extreme but what other solution do you offer apart from “give in”?