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+ details >>Stalking is both a criminal offence in Victoria and conduct that can give rise to a personal safety intervention order. Where the stalking occurs between people who are not in a family or domestic relationship, the personal safety intervention order is the civil protective mechanism available. Understanding how stalking is defined, how the PSIO process works, and what other legal remedies are available is the starting point.
This is general information only and is not legal advice for any specific matter.
Stalking is defined under the Crimes Act 1958 (Vic) as engaging in a course of conduct that includes following, contacting, or approaching the victim, monitoring the victim's activities or communications, publishing material about the victim, acting in any way that could reasonably be expected to cause physical or mental harm or arouse apprehension or fear for the victim's safety. The conduct must constitute a course of conduct, meaning it occurs on more than one occasion. Stalking is a serious criminal offence carrying significant maximum penalties.
The criminal stalking charge is prosecuted by police and requires proof beyond reasonable doubt. A personal safety intervention order application is a civil application by the affected person that requires proof on the balance of probabilities. The two processes are separate: a criminal stalking charge can result in conviction and criminal penalties; a PSIO is a civil protective order. Both can arise from the same conduct, and a PSIO can be sought while a criminal charge is being investigated or prosecuted. The civil PSIO provides immediate civil protection regardless of the progress of any criminal investigation.
The Personal Safety Intervention Orders Act 2010 (Vic) uses the term stalking and also covers harassment, which is a course of conduct that causes serious distress or alarm to the person. The distinction between stalking and harassment for PSIO purposes is primarily in the elements of each category of conduct. In practice, many PSIO applications involve conduct that falls within both categories, and the court considers the full course of conduct rather than whether it fits neatly into one or the other category.
The affected person makes an application to any Magistrates Court in Victoria, providing details of the stalking conduct including dates, the nature of the conduct, and its impact. The court can make an interim order immediately on the application if satisfied that the safety of the applicant requires it. The respondent is then served and given a date to attend court. The court determines the application, at a contested or uncontested hearing, by reference to whether the conduct alleged is established on the balance of probabilities.
Evidence in a stalking PSIO application commonly includes records of each incident of conduct, including dates, times, and locations; screenshots or records of electronic contact; records of any online material published about the applicant; CCTV footage where available; witness evidence from people who observed the stalking conduct; evidence of the impact of the stalking on the applicant, including medical evidence in some cases; and records of any attempts to report the conduct to police. The more specific and contemporaneous the evidence, the more useful it is to the application.
Conditions in a stalking PSIO are tailored to the specific conduct and typically prohibit all forms of direct or indirect contact, restrict approach to the applicant's home and workplace, prohibit monitoring of the applicant's activities or communications, and prohibit publication of material about the applicant online. The conditions are designed to prevent the specific conduct that constituted the stalking from continuing while the order is in force.
Yes. Stalking conducted online, including through social media monitoring, creation of fake accounts to contact the victim, publication of private information, and persistent electronic contact, can give rise to a PSIO application. The Personal Safety Intervention Orders Act 2010 (Vic) covers stalking and harassment conducted through any means, including electronic means. Online stalking is also potentially a criminal offence under the Crimes Act 1958 (Vic) stalking provisions and, where a carriage service is used, under the Commonwealth Criminal Code Act 1995 (Cth).
Where the stalking is conducted through anonymous or pseudonymous accounts, identifying the respondent requires evidence connecting the accounts to a known person. Police can assist with identification through telecommunications provider records and IP address evidence in the course of a criminal investigation. For a PSIO application, the applicant needs to be able to name and serve the respondent, which requires identification of the person behind the anonymous account. Legal advice about the available options for identification where the stalker is anonymous is important before proceeding.
The use of tracking devices, surveillance equipment, or location monitoring without consent can constitute stalking conduct under the Crimes Act 1958 (Vic) and give rise to a PSIO application. It may also constitute separate criminal offences under the Surveillance Devices Act 1999 (Vic). Legal advice about the legal framework applicable to the specific tracking or surveillance conduct alleged is advisable where this is a feature of the matter.
The respondent has the right to be served with the application and the interim order, to attend court, to be heard at the hearing, to cross-examine the applicant, and to present their own evidence. The respondent can consent to the order, contest the application, or seek an adjournment to obtain legal advice before responding. The decision about how to respond should be made with legal advice before the first court date.
In a contested PSIO hearing, the respondent can challenge whether the conduct occurred as alleged, whether it constitutes stalking or harassment within the definition in the Act, whether the required course of conduct is established, and whether the conduct was lawfully authorised or otherwise justified. Lawful excuses for conduct that might otherwise constitute stalking, including conduct by journalists, licensed investigators, or persons with lawful authority, are recognised under the legislation.
Where a PSIO application is motivated by reasons other than a genuine concern about safety, including retaliatory motivation in a dispute, the respondent can raise this at the hearing. The court can make costs orders against a person who has made a vexatious or unmeritorious application. If the conduct alleged by the applicant is not established on the balance of probabilities at the hearing, the application is dismissed.
Stalking and PSIO matters require practitioners familiar with the Personal Safety Intervention Orders Act 2010 (Vic), the Crimes Act 1958 (Vic) stalking provisions, and, where online conduct is involved, the Commonwealth carriage service framework. For contested PSIO hearings, advocacy experience in contested intervention order matters is the primary relevant credential.
As soon as the stalking conduct begins or as soon as a PSIO application has been served, depending on whether the person is the applicant or the respondent. Early legal advice gives the best opportunity to manage both the civil PSIO process and any related criminal investigation effectively.
Victoria Legal Aid and community legal centres provide emergency and urgent assistance in intervention order matters. Duty lawyers are available at the Magistrates Court on most sitting days. If you are in immediate danger, contact Victoria Police. An interim PSIO can be sought urgently through the court or through police in appropriate circumstances.
Selecting legal representation in stalking and personal safety intervention order matters depends on the specific circumstances, the applicable legislation, and what stage the proceedings have reached. IVO Lawyers Melbourne is among the best Melbourne practices experienced in this area of law. Engaging a lawyer at the earliest stage, before any court appearance or formal step in the proceedings, is consistently the decision that most affects what options remain available.