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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22168
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My ex husband explicitly reneged on a condition of a

Customer Question

My ex husband explicitly reneged on a condition of a mediated care agreement for our 5 year old daughter concerning a health issue. She is under investigation for epilepsy (a MRI scan has shown a slight malformation in her brain which may be the cause of repeated minor seizures (petit mal). She is currently unmedicated for this and we have an epilepsy management plan drawn up by her pediatrician that he agreed to adhere to and was written into the agreement plan. He stated that he doesn't believe she has seizures and refused to follow it. this led to some stern words as he got in his car after picking up my daughter. He then locked the door and was verbally abusive. I slapped his wing mirror of his car in frustration (causing no damage) and he jumped out of the car, said he was going to call the police to have me arrested for wilful damage. he told my daughter I was going to jail at which point she became very upset. He was on the phone to the police (111) at the time. As i attempted to comfort my daughter he repeatedly pushed me and slammed my shoulder with his car door between the door jam and the car. I repeatedly asked him to take his hands off me while he was on the phone and my daughter was screaming that he should go to jail for hurting me. My question is does this constitute assault?
JA: Thanks. Can you give me any more details about your issue?
Customer: I don't want to seem like I am wasting the police's time. So does the situation I described consititute assault.
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Submitted: 7 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 7 months ago.

What happened to you is an assault, and I hope that you have been able to get some medical evidence of any injury. If not, this is still an assault. If there was no damage to the wing mirror, then there is no wilful damage, so his behaviour has been threatening and improper. Any application of force on you is an assault, so if you take this to the police they may charge him.

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