VIC Recorded on iPhone during domestic dispute.

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Skateboard

Well-Known Member
22 June 2017
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My son attended at my house and began recording me on his iPhone while repeatedly asking me questions about family matters I didn’t want to discuss with him. I repeatedly asked him to leave, to stop filming me, I was only wearing underpants and a T shirt and was embarrassed, I became more and more annoyed, I chased from the house onto the front lawn where he was laughing at me and raising his fist and smirking but continued to film and question me. He obviously didnt record himself. He then approached me so I picked up a brick to defend myself as I thought he might strike me. He then took one of the videos, 21 minutes long, to the police and I was charged with unlawful assault x2 and had a restraining order against me. After 18 months the two unlawful assault charges were withdrawn and the police also withdrew the restraining order against me. I‘m an 83 year old Chinese pensioner, my son is 49, I denied the unlawful assault accusation and the validity of the restraining order was opposed and was then withdrawn by police. I was represented by legal aid and had an interpreter. I had five court appearances and an appointed with legal aid for 2 hours. The 21 minute long video shows me becoming very distressed i think my my son filmed me for several hours but only gave police the 21 minute recording. Can I now take any legal action against my son for recording me and harassing me the way he did. My son complained bitterly to police about the result. I have a restraining order against him.
 

Rod

Lawyer
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27 May 2014
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You are out of time for summary offences. Maybe assault, maybe making a false report to police, however I suspect the police will not act on your complaint.

It is good that you have an intervention order against him.