if this goes full kafka, note this fact: the court tends to usually accept some concept of self-defence as a valid defence.

so, a woman can defend herself against getting raped - and a non-smoker can take some action to prevent smoke from entering their space.

the reality is that charging me with harassment for yelling at a smoker blowing smoke into my apartment, the existence of a reasonable invocation of fear or not, would be legally equivalent to charging a rape victim with assault for defending herself. it's a waste of everybody's time, and almost certain to get the cop fired.