Unlawful stalking, intimidation, harassment and abuse

​What is unlawful stalking, intimidation, harassment and abuse?

Unlawful stalking, intimidation, harassment or abuse is a criminal offence and may indicate an increased risk of future domestic violence.

This includes conduct intentionally directed at a person on one occasion or more than one occasion that would cause the stalked person apprehension or fear, arising from the behaviour. 

Stalking behaviours may include: 

• Following, loitering near, watching or approaching a person
• Contacting a person in anyway, including, for example, using technology and over any distance. This includes by telephone, mail, fax, SMS message, email, an app on a computer, smart phone or other electronic device, or an online social network
• Loitering near, watching, approaching or entering a place where a person lives, works or visits
• Monitoring or tracking or surveilling a person’s movements, activities or interpersonal associations without the person’s consent, including using technology. This may include utilisation of tracking device or drone to track a person’s movements, checking the recorded history in a person’s digital device, reading a person’s SMS messages, monitoring a person’s email account or internet browser history, monitoring a person’s account with a social media platform or online social network
• Leaving offensive material where it will be found by, given to or brought to the attention of, a person;
• Publishing offensive material on a website, social media platform or online social network in a way that will be found by or brought to the attention of a person
• Giving offensive material to a person, directly or indirectly, including by using a website, social media platform or online social network
• An intimidating, harassing, threatening or abusive act against a person, whether or not involving violence or a threat of violence. This may include publishing a person’s personal information, including their home address or phone number on a website, or
• Any act of violence, or a threat of violence against a person, or against property of anyone, including the defendant. 

If you, or someone you know, is experiencing any of the above behaviours or unwanted contact, please report the matter to police. 

What can I do?

It is important to recognise if there is a pattern to the stalker’s behaviour and conduct to support an investigation by police, and protective actions that can be applied to protect the victim from further acts. Providing this information to Police is important.

The protective action available will vary. Regardless of the existence of a protection order, seeking assistance and reporting the matter to police is important to address the behaviours and conduct being perpetrated, and ensure your safety and wellbeing. 

It is advised you keep a record of the stalker’s:

• vehicle details: registration number, colour, make, condition
• street names where you see the stalker loitering, following or watching
• phone numbers used by the stalker
• save text messages (or other electronic communications) stored on your mobile or email account/Facebook/Instagram (etc.)
• dates and times of behaviour/conduct, and 
• description of the incidents.

Find a safe place to make a call to police, stay focused and on the line. Call Triple Zero (000) if you’re in immediate danger.

Call or visit your local police station.

What do police officers need to know?

• is there a threat being made to you, or your children, right now?
• is there a current Domestic Violence Order (DVO), police protection notice, release conditions or an application for a protection order in place?
• where is the offender now?
• what is your relationship with the offender?
• are there any children involved and where are they; are they currently with the offender?
• are there any fears held for your welfare or that of the children?
• does the offender possess or have access to any firearms or weapons?
• are alcohol or drugs involved?
• does any person have a medical or psychiatric history?
• do you have any of the messages or photos with you now?

Police may also ask other questions.

If you are experiencing any of the behaviours or conduct identified above, it is recommended you contact police.  The more information you are able to provide to police, will assist us to work with you to ensure your safety and wellbeing.

Whether you are in a ‘relevant relationship’ as defined by the Domestic and Family Violence Protection Act 2012  or don’t have an existing protection order, this does not prevent you from contacting Police to report the matter. Police will consider all avenues available for your protection including protection orders, restraining orders or non-contact orders. 

Do you need advice, help or support?

Contact DVConnect on 1800 811 811.

More information on Domestic violence