Case scenario:
Anna Johns comes to see you for advice. She is experiencing problems with her husband, Ben Johns.They got married five years ago on March 18, 2018. They do not have any children. After their marriage ceremony, they moved into a house together on March 21, 2018. Their address is 5 island road, Great city, Pacifica.
Since they have been married, Ben has become more and more controlling of Anna. He does not like Anna going to see her friends and family or talking to them on the phone. He expects her to return home as soon as she has finished work and if she isn't home by 5:30pm, he gets very angry and shouts at her. He expects her to do all the housework and does not help at all. He tells her this is what a woman's role is in the home. He tells her he married her so that he could have a woman who could take care of his home. He often puts her down - telling her she is ugly and lazy. Ben tells her that she will never be able to leave him because they are married, and she belongs to him now.
Very recently his behavior has become more physically violent. On the 10th of June, Anna was leaving work when she was surprised by her sister Margaret who was waiting for her outside her office. Margaret said she was sad she hadn't seen Anna in a long time and she wanted to spend some time with her. They decided to go out for dinner together at a restaurant called 'Island Eatery'. Anna sent a text message to Ben telling him that she was going for dinner with Margaret. Ben immediately started calling Anna's phone to tell her to come home. Anna did not answer his calls but Margaret could see that Anna was worried. Margaret asked Anna why she wasn't answering the phone and Anna said "Because he'll make me go home and I want to spend time with you." They had dinner but Margaret observed how nervous Anna was and that the phone never stopped ringing.
Margaret was worried and decided to follow Anna back and explain to Ben they were having dinner. When they arrived at the house, Ben was standing at the door. He shouted loudly "why did you not answer the phone?? I've been worried sick! You know I don't like you going out at night!". Anna tried to explain how much she wanted to see her sister but Ben slapped Anna's face and told her he didn't want to listen to her excuses. He held onto her arm and pulled her in towards the house. As he was pulling her inside, she tried to pull back and fell, twisting her arm. They all heard a crack and Anna felt a strong pain in her arm where Ben was holding her. It felt like her arm had twisted or snapped.
When Ben realized she was hurt, he immediately took her to hospital and Margaret followed in her car. The Doctor did an x-ray and Anna's right arm was broken badly. She had to have her arm put in a cast. Margaret told Ben that he should leave, and that Anna would stay with Margaret for the time being. Anna has been staying with Margaret since the 11th of June 2023. Ben keeps texting her multiple times a day telling her to come home and that she is his wife and must return to their home.
Anna is asking for the following advice:
1. Are any of Ben's actions against the law? If they are, please explain the offence/s Ben has likely committed and the relevant penalty/penalties under the law in your chosen jurisdiction.
2. Anna wants Ben to stop texting her and calling her - she needs space away from him to decide what to do. Is there anything she can do to stop him contacting?
Letter of advice for Anna. Restrict your advice to relevant criminal offences and mechanisms for protection under family protection legislation in your jurisdiction. You are not being asked to advise on civil action at this point in time.\