Stalking is one of those experiences people rarely talk about until they’re living it. At first, the behaviour might seem annoying or unsettling rather than dangerous. A few messages here, someone turning up where you least expect them, a sense that you’re being watched. Over time, though, that feeling grows. Your routine changes. You start looking over your shoulder. And the fear becomes real. This is exactly why the law takes stalking seriously and why Apprehended Violence Orders, commonly known as AVOs, exist to protect people before the situation escalates further.
Across Australia, stalking and intimidation are criminal offences. If someone’s behaviour is making you feel unsafe, anxious, or harassed, you do not have to wait until physical harm occurs. You can speak to the police or apply for an AVO for stalking to put legal boundaries in place and regain a sense of control over your life. Getting advice early from AVO legal specialists can also help you understand your options and avoid common mistakes during the process.
What Is Stalking Under Australian Law?
Stalking is not defined by a single act. Instead, it’s about a pattern of repeated behaviour that is intended to cause fear or distress. Under section 13 of the Crimes (Domestic and Personal Violence) Act 2007, stalking involves conduct that happens more than once and makes a person reasonably fear for their safety or feel seriously harassed or intimidated.
This behaviour doesn’t always look dramatic or violent on the surface. In many cases, it’s subtle, persistent, and emotionally exhausting. It can include unwanted contact, monitoring someone’s movements, or using digital platforms to maintain control. Sometimes it also involves threats, intimidation, or inappropriate sexual advances. What matters is the impact on the person experiencing it, not whether the stalker believes their actions are harmless or justified.
Behaviours That May Lead to an AVO for Stalking
When deciding whether to make an AVO, the court looks closely at behaviour patterns rather than isolated incidents. Repeated phone calls that feel threatening, constant text messages or emails that won’t stop, or persistent contact through social media can all be relevant. So can leaving notes on your car or at your home, sending unwanted gifts, or showing up at places you regularly visit without a legitimate reason.
In more serious situations, stalking may involve following you, watching your home or workplace, damaging your property, or threatening you or people close to you. Even behaviour that might seem minor on its own can become significant when it forms part of an ongoing pattern designed to intimidate or control. The court’s focus is on whether these actions, taken together, create fear or distress.
Who Are Stalkers Usually?
Many people imagine stalkers as strangers, but in reality, that’s often not the case. Most stalking situations involve someone the victim already knows. This might be an ex-partner after a relationship breakdown, a former friend, a family member, a work colleague, or even a client. Familiarity can sometimes make the behaviour harder to recognise early on, especially if the person tries to frame their actions as concern, affection, or unfinished business.
That said, stalking by strangers does happen, and it can be just as frightening. Regardless of who the stalker is, the law focuses on the behaviour and its impact, not the prior relationship. While stalkers often fixate on one primary victim, their actions can also affect family members, friends, or colleagues who are drawn into the situation through threats or harassment.
What to Do Before Applying for an AVO for Stalking
If you believe you are being stalked, preparation matters. One of the most important steps you can take is documenting what is happening. Write down dates, times, locations, and details of each incident, including whether anyone witnessed it. If the stalking involves phone calls, texts, emails, or social media messages, keep copies of everything. These records can become crucial evidence later.
If you receive packages or gifts you didn’t ask for and that make you uncomfortable, avoid touching them if possible, as they may contain forensic evidence. Most importantly, report incidents to the police, even if they seem minor at first. A single event may not meet the legal threshold for stalking, but a series of reports helps police identify a clear pattern of behaviour. Over time, this documentation can significantly strengthen your AVO application and improve your chances of obtaining protection.
The Role of Lawyers in AVO Matters
Technically, you can go to court without a lawyer, whether you are applying for an AVO or responding to one. However, AVO proceedings can be more complex than they appear. Court procedures, legal thresholds, and the way evidence is presented all matter. If things are not handled correctly, the outcome may not reflect the full picture of what is really happening.
For people facing an AVO application, the consequences can be serious. An AVO can affect employment, travel, and future legal matters. That’s why seeking advice from AVO legal specialists is often a wise step. A lawyer can explain your rights, prepare your case properly, and help ensure that the court hears your side clearly and accurately.
For those needing broader family law advice, working with experienced firms such as Melrose Keys Lawyers can also be helpful, particularly where stalking issues overlap with family breakdowns, parenting disputes, or ongoing conflict between former partners.
Understanding “Representations” in AVO Cases
One term that often comes up in AVO matters is “representations.” These are written legal submissions prepared by a lawyer and sent to the police. Representations can explain your version of events, highlight weaknesses in the evidence, or argue why an AVO should be withdrawn or its conditions changed.
In stalking-related cases, representations may be used to clarify misunderstandings, challenge whether the legal definition of stalking has actually been met, or negotiate more reasonable terms if an order is unavoidable. While not every case requires formal representations, they can be a powerful tool when used strategically and prepared with care.
Why Early Action Makes a Difference
Stalking has a way of escalating when it goes unchecked. What starts as unwanted contact can turn into intimidation, property damage, or threats over time. Taking action early doesn’t mean overreacting; it means recognising patterns and protecting yourself before things get worse. The legal system is designed to intervene at this stage, not just after serious harm has occurred.
Whether you are seeking protection or responding to an allegation, understanding how AVOs for stalking work puts you in a stronger position. With the right support, clear documentation, and informed legal advice, you can navigate the process with greater confidence and clarity.
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Final Thoughts on Stalking and AVOs
Living with stalking can feel isolating and overwhelming, but you are not powerless. Australian law recognises the serious impact of repeated, intimidating behaviour and provides legal pathways to help keep people safe. An AVO is not about punishment; it is about prevention, boundaries, and peace of mind.
If you are unsure whether what you’re experiencing qualifies as stalking, or if you’re concerned about an AVO application involving you, speaking with professionals who understand this area of law can make all the difference. The sooner you get clarity on your rights and responsibilities, the sooner you can take steps toward feeling secure again and moving forward with confidence.
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