NSW Common Assault - What is Considered Harassment?

[JohnZoom]

Hi all,

I posted previously about my brother - he was charged with Common Assault over 18months ago - so has run his sentence and Good Behaviour Bond times.

He had a disagreement about his wife's reluctance to help out with family bills. She made a comment that if he didn't accept her point of view, she will call the police and say he is harassing her.

It sounds like a typical marital discussion. he says no threats or anything were made - just both raising voices defending their points of view.

How worried should he be? Is there a clear definition of what constitutes harassment? Can he ever defend his point of view in a discussion with his wife without this threat looming?

Any guidance is appreciated. Thanks.

 

[Rod]

If someone is threatening you with a crime just because they can, you are better off leaving and finding someone else. Very easy to end up in jail with a ex who is believable in court. Does he value his freedom more than his relationship?

Having a record for assault, even if past the bond stage is not a good look if back in court for a harassment claim. He needs to be very careful if he stays with a person like this, and even if careful he could still get in trouble if she cracks it one day.

 

[JohnZoom]

Thanks for the advice Rod - I said very similar to him when he told me.

I think he wants to make it work due to having a son together - but he should be able to have a discussion about their finances without the threat of police being called.

 

[Rod]

he should be able to have a discussion about their finances without the threat of police being called.

Someone once gave me some good advice: Can't stop unreasonable people being unreasonable.

Having a child to consider is certainly important. Thing is if she complains to the police and the police step in then the matter will likely be taken out of her hands.

Tough one one to call.

 

[sammy01]

flogging a dead horse... Have a read
http://www.dvnswsm.org.au/what-is-domestic-violence/
I found the most simplistic list of DV... So technically, yup he has committed dv. He has told her how she has to spend her money... That could be constructed to present the case that he has committed financial abuse - which appears on the list.... I've had one of these dreaded AVO's.... In her statement she mentioned that I criticised her for spending money on sunglasses... ALL TRUE your honour... $500 on sunnies at a time when we were struggling to make ends meet...

Strange as it seems - if she were to go down the path of an avo... it might not be a bad thing... Best thing my ex ever gave me.... It mean't I could not talk to her... It ended our marriage and while at the time I was devastated - the reality is, living with the constant abuse - and then being accused of being abusive myself, was only ever going to end badly. So in comparision to the stupid concrete dolphin statue she once gave me the AVO which she also gave me was actually a better present.

 

[Blessing]

What everyone said it's true, it starts with a little argument about finances in reality she will end up doing it with everything else, active he disagrees with her she will threaten to call the police and if she gets angry enough she will.

 

[sammy01]

GOOD - if he won't leave a relationship where he is being treated so badly, then let her call the cops. He will be forced out of the relationship.... GOOD. Not legal advice, just life experience... It is not a relationship when one person is so prepared to manipulate to get their own way.