I was having an argument on Saturday night with my brother. We were standing outside a pub. The police took our names and said we might be charged with disorderly conduct. We were just talking in loud voices. I do not think we were being disorderly.
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Answer by Jo Wilson, Macleod 3085 VIC
- Disorderly conduct covers a wide range of behaviour. In some states and territories the law may give examples of the type of behaviour that is disorderly.
- Generally any behaviour in public that might make other members of the public feel unsafe, intimidated or threatened is disorderly. This includes:
- yelling and swearing;
- making threats; or
- fighting.
- The police have a broad discretion (choice) about what they think is disorderly conduct. They will use this discretion when they decide whether or not to charge you.
- If you disagree with the charge then it will be up to the court to decide if what you did was disorderly or not.