CR,
hopefully sanity will prevail & this woman will give you room, even if she doesn't like it.
If you are concerned and things do not appear to be improving, there are steps the police can take.
1. Charge the driver with the offence of
menacing driving
Section 43 Road Transport (Safety and Traffic Management) Act 1999 wrote:(2) Offence—possibility of menace
A person must not drive a motor vehicle on a road or road related area in a manner that menaces another person if the person ought to have known that the other person might be menaced.
Maximum penalty: 20 penalty units or imprisonment for 12 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 18 months or both (in the case of a second or subsequent offence).
20 penalty units is currently $2,200.
There are two difficulties with proving this offence beyond reasonable doubt.
(a) proving the manner of driving - the video should provide excellent evidence in this regard; &
(b) proving that the person "
ought to have known" that you might be menaced. The fact that you have reported your concerns to the Police who have spoken to the driver will go a long way to establishing that she ought to have known.
2. For the police to apply for an
Apprehended Personal Violence Order. Both you and your son should be included as protected persons. Because your son is under 16, only the police can apply for the order. As the police website says
If the complaint relates to the safety and protection of a child or young person under the age of 16 years of age, police have an obligation to make and [sic] application on their behalf, whether it relates to a domestic or personal violence situation.
Contrary to the advice the police officer previously gave you, the
Attorney-General's Department website states in relation to an Apprehended Personal Violence Order:
In most cases, protected persons who are children under 16 will not need to give evidence about the case unless the court believes it is necessary.
Yes both of these actions are serious & potentially have serious consequences for the driver. I put them forward simply because you are concerned for your safety and that of your child.
Some police officers are reluctant to take on certain matters for reasons that I am not going to speculate about. The above 2 options should enable you to encourage the police officer to take the appropriate action.
If you need some help, send me a PM & I will do my best to assist.