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Stalking Intervention Orders

An intervention order is a court order made by a Magistrate under the Family Violence Protection Act 2008 or the Stalking Intervention Orders Act 2008.

An application for an intervention order can be made under the Family Violence Protection Act 2008 where there is a family relationship or a person is or has been involved in a relationship. For more information on applications made under the Family Violence Protection Act 2008, please see the related page on Intervention Orders.

An application for an intervention order can be made under the Stalking Intervention Orders Act 2008 where there is no family relationship or the parties are neighbours or friends.

What is stalking?

Stalking is a criminal offence in each Australian State and Territory.

Anti-stalking legislation was passed in Victoria in 1995 (see Section 21A of the Crimes Act 1958). The Victorian law states that a person is guilty of stalking if he or she engages in a series of prohibited acts with the intention of causing physical or mental harm to victim, or causing fear or apprehension for the victim's safety, or for the safety of their loved ones.

According to the Stalking Intervention Orders Act 2008, a person (the respondent) stalks another person (the affected person) if the respondent engages in a course of conduct (multiple incidents) with the intention of causing physical or mental harm to the affected person or arousing apprehension or fear in the affected person for their own safety.

Some of the behaviour that can cause physical or mental harm to a person or that can cause apprehension or fear in a person includes:

• following the affected person;
• contacting the affected person by post, telephone, fax, text message, email or other electronic communication or means;publishing on the internet or by an email or other electronic communication a statement relating to the affected person or purporting to relate to or originate from the affected person;
• causing an unauthorised computer function in a computer owned by or used by the affected person;
• tracing the affected person’s use of the internet or email or other electronic communication;
• entering or loitering outside or near the affected person’s place of residence or place of business or any other place frequented by the affected person;
• interfering with property in the affected person’s possession;
• giving offensive material to the affected person or any other person or leaving it where it will be found by, given to or brought to the attention of the affected person;
• keeping the affected person under surveillance;
• acting in any other way that could reasonable be expected to arouse apprehension or fear in the affected person for their safety.

Who can apply for a stalking intervention order?

An application for a stalking intervention order may be made to the Court by:

• A member of the police force.
• The affected person.
• If the affected person is an adult, any other person with the written consent of the affected person or with permission from the Court.
• If the affected person is a child –
  • parent of the child
  • any other person with the written consent of a parent of the child or with permission from the Court
  • the affected person with permission from the Court if they are of or above the age of 14 years.
• If the affected person has a guardian
  • the guardian
  • any other person with permission from the Court.

Where can I apply for a stalking intervention order?

An application for a stalking order can be made at any Magistrates’ Court location in Victoria. This includes the Neighbourhood Justice Centre.

When can a stalking intervention order be made?

A Magistrate may make an interim stalking intervention order pursuant to section 13 of the Stalking Intervention Orders Act 2008 if satisfied that it is necessary pending the hearing and determination of the application to:

• ensure the safety of the affected person; or
• preserve any property of the affected person.

An interim stalking intervention order is a temporary order which is made to give the affected person protection until the application for the intervention order can be listed before the Court (usually 2 weeks). This period also allows the Court to have the respondent served with the application – generally the police will give the respondent a copy of the application.

A Magistrate may make a final stalking intervention order pursuant to section 7 of the Stalking Intervention Orders Act 2008 if satisfied on the balance of probablities that the respondent has stalked the affected person and is likely to continue to do so.
The Court makes a decision about whether to grant an intervention order on the ‘balance of probabilities.’ This means the Court makes its decision on whose version of the story is most likely to have happened.

Duration of a stalking intervention order

The Court may specify a period for which an intervention order is to last until or alternatively may make an order that will remain in force indefinitely.

Is a stalking intervention order a criminal matter?

An application for a stalking intervention order is a civil matter between parties unlike a criminal matter which is between the State of Victoria and an individual.

If a stalking intervention order is breached (that is, the conditions of an intervention order are not followed), the respondent may be charged by the Police with a criminal offence for breaching the intervention order.

The penalties for breaching an intervention order may be:

• Fine up to $24 000
• Imprisonment for up to 2 years
• Fine up to $24 000 and imprisonment for up to 2 years.

Can a stalking intervention order be appealed?

A party to an intervention order proceeding may appeal to the County Court of Victoria against:

• the making of an intervention order;
• the conditions of an intervention order;
• the refusal to make an intervention order; or
• the refusal to impose certain conditions in an intervention order.

An appeal against an order of the President of the Children's Court of Victoria must be made to the Supreme Court of Victoria.
An appeal against a Magistrates' order must be lodged at the Magistrates' Court within 30 days of the order being made.
An appeal cannot be lodged against an interim intervention order, as it is not a final order of the court.

Extending, varying or revoking an intervention order

The court may make an order to:

• extend the duration of an intervention order (this application must be made before the original intervention order expires)
• vary the conditions of an intervention order
• revoke (cancel) an intervention order.

An application to extend, vary or revoke an intervention order may be made by any party to a stalking intervention order proceeding. All parties to the original application must be served with a copy of the application (including Victoria Police if the original application was made by a police officer).

Mediation may be able to assist

The Magistrates' Court 'Diversion to Mediation' Program began as a pilot program as part of the $3.7 million Alternative Dispute Resolution initiative announced in the 2002-03 State budget. The pilot was conducted by the Dispute Settlement Centre of Victoria (DSCV) which is the state mediation service, in partnership with the Magistrates' Court of Victoria.

The Diversion to Mediation Program concentrates predominantly on Intervention Order applications, which involve stalking, and in particular, neighbourhood disputes and operates at the Broadmeadows, Dandenong, Frankston, Heidelberg, Melbourne, Ringwood, Sunshine, Werribee and Moorabbin Magistrate Courts.

Mediation has a number of benefits. Not only does it provide parties an opportunity to raise issues concerning them, it also provides them with the opportunity to arrive at workable solutions which will benefit the needs of each party.

Other benefits of mediation are as follows:

• Mediation is a free service
• Mediation can be arranged very quickly
• Mediation is an informal and flexible process
• Mediation is confidential
• Mediation allows for all parties to have an equal opportunity to raise their issues
• Mediation assists parties to generate practical solutions that are workable
• Mediation can help to restore ongoing relationships

Please contact your local court to see what arrangements are in place regarding referral to mediation as an option to resolving a dispute or see the page on mediation for further information.

Agencies that can assist victims of stalking

If you are a victim of stalking, it is important to understand that you are not to blame and that help is available.

Victims Assistance and counselling programmes, community mental health clinics, family doctors, or domestic violence programs can assist victims by providing support, counselling, or referral to specialist services with expertise in stalking.