He has to prove harrassment. what it sounds like is he will be proving his own failure to communicate and mediate. My ex threatened me with a harrassement charge, I said please take me to court, she did and lost, again. She demanded that we only communicate by email. I presented her emails and my responces in court. the court order states that she will communicate by email and now she says she will only talk to me on the telephone and now is refusing to do both.