Everyone is entitled to feel safe in their daily lives, whether at work or at home. We’ve all heard of stalkers, but what does it mean legally, and what can you do about it? If you or a family member is stalked, contact an intervention orders lawyer immediately for help. And if you are ever in immediate danger, call 000 first.
What is Stalking Exactly?
You are being stalked if someone is repeatedly acting in a way that causes you:
- to worry about your safety
- physical or emotional harm
Usually, people are stalked by someone they already know. Stalkers will typically watch you, come up to you, follow you, or hang out outside your home or place of work. They could also:
- damage your property
- spread gossip about you
- Reach out to your family or friends
- Make false legal claims against you.
In everyday terms, the key word is repeated. A single encounter is rarely stalking, but a pattern of unwanted contact often is: constant calls or messages after you have asked someone to stop, turning up at places you go, unwanted gifts, or keeping track of your movements. Any or all of the above behaviours are scary and unsettling. You’ll want to contact Melbourne's most expert intervention lawyer.
Is Someone Stalking You Online? Call the Most Expert Intervention Lawyer Melbourne Has
People can stalk others on the Internet, on smartphones, and social media. On social media, they can post pictures, videos, and comments meant to embarrass and make you uncomfortable. They can also:
- Pretend to be you online
- Try to interfere with the workings of your computer
- Follow your behaviour online.
Cyberstalking is taken just as seriously as stalking in person. Review the privacy settings on your social media accounts, change your passwords, and be careful about location sharing on your phone and apps.
Practical Steps to Take Right Now
There are simple things you can do straight away that will protect you and strengthen any future application:
- Keep a log of every incident, with the date, time, place and what happened
- Save messages, emails, voicemails and screenshots rather than deleting them
- Tell someone you trust, such as a family member, friend or colleague
- Review your privacy settings and consider who can see your posts, contact details and location
- Do not respond or retaliate, as any reply can complicate matters later.
This record gives your lawyer and the court a clear picture of what you have been dealing with.
Who Issues a Personal Safety Intervention Order (PSIO)
If you feel like you are being stalked, you can apply for a personal safety intervention order (PSIO). This court order issued by a magistrate directs the stalker to leave you alone and not try to contact you in any way.
A PSIO is used when the person you are seeking protection from is not a member of your family. For protection from a family member, you would ask for a family violence intervention order. An intervention orders lawyer can help you with those as well.
Victoria has two types of intervention orders. Family violence intervention orders cover current or former partners and other family members, while personal safety intervention orders cover everyone else, such as neighbours, acquaintances, colleagues or strangers. A lawyer can quickly tell you which one applies to your situation.
If the stalker does not respect the parameters of the order, they can be charged with a criminal offence.
What Happens When You Apply at Court?
Applications are made at the Magistrates' Court. You explain what has been happening, and the court decides whether an order should be made. If your situation is urgent, the court can make an interim order to protect you while the matter is being finalised.
An intervention order can require the other person to stop contacting you, stay away from your home and workplace, stop publishing material about you online, and leave you alone in every practical sense. The conditions are tailored to what has actually been happening to you.
An intervention order itself is a civil order, not a criminal conviction. But if the person breaches any of its conditions, that breach becomes a criminal matter for the police, so the order carries real weight.
An Intervention Orders Lawyer Will Help You with Your PSIO
Before applying for a PSIO, you need to know the name and address of the person stalking you. Without that information, the court can’t issue the intervention order.
You don’t need witnesses to the stalking behaviour. But if you have damning texts, emails, or photos from the alleged stalker, bring them to the magistrate.
A lawyer helps at every step. They can confirm which type of order fits your circumstances, prepare the application so nothing important is left out, present your evidence clearly, ask for interim protection if you need it urgently, and speak for you at court so you do not have to face the other person alone.
Should You Involve the Police?
If you need protection immediately, call the police. They might suggest you apply for a PSIO or may even apply for one on your behalf. Stalking can also be a criminal offence in its own right, so the police may investigate the behaviour separately from any intervention order. If you are hesitant about coming forward, there are ways to report a crime anonymously in Australia, though for an intervention order the court needs to know who is seeking protection.
Conclusion
You are entitled to feel safe at your home, your office, on your devices, and going about your daily life. If you are in immediate danger, call 000. If you feel like you need ongoing protection, contact us for help. Each intervention orders lawyer in our firm could be considered the most expert intervention lawyer Melbourne boasts.
