What to Do If Someone Is Stalking You in Australia?
What to do if someone is stalking you? If you believe you are being stalked, it’s essential to take the situation seriously and prioritise your safety above all else.
The first step is to trust your instincts; if something feels off or you feel threatened, it’s crucial to act on those feelings.
Immediately report the matter to the police, providing them with as much detail as possible.
This can include times, dates, locations, and the nature of the stalking behaviour. If there’s an immediate threat to your safety, don’t hesitate to call emergency services.
In today’s digital age, stalking can also occur online. If you’re receiving threatening messages, unwanted contact, or notice someone persistently tracking your online activities, it’s considered cyberstalking.
Report such incidents through cybercrime channels, and consider enhancing your online privacy settings.
It’s essential to remember that stalking, whether in-person or online, is a crime in Australia.
You have every right to seek protection, legal recourse, and support services to ensure your safety and well-being.
🔑 Key takeaway: Trust your instincts and prioritise your safety. Whether in-person or online, stalking is a crime in Australia, and you have the right to report, seek protection, and access support services. Always act promptly and ensure you’re safeguarded.
Understanding Stalking
Stalking is defined as a series of behaviours where someone imposes themselves into another person’s life, causing distress, fear, and disruption.
Most victims often know their stalkers, with ex-partners being common perpetrators.
Stalkers aim to exert power over their victims, often as a form of ‘punishment’ for perceived wrongs or simply to control their lives.
🔑 Key takeaway: Stalking can be perpetrated by someone you know or even a stranger. Recognising the signs early can help in addressing the situation.
Recognising the Signs
Stalking can manifest in various ways, including following a person, loitering near their workplace or residence, repeated unwanted contact, and even intimidation or harassment.
Some actions might seem harmless, like sending unwanted flowers, but when these actions instil fear or distress, they can be considered stalking.
Cyberstalking, using technology like mobile phones or social media platforms, is also prevalent.
🔑 Key takeaway: Stalking isn’t just physical; it can also be digital. It’s essential to be aware of both forms and take them seriously.

Legal Implications
In Australia, stalking is a crime across all states and territories. The penalties can be severe, with up to five years imprisonment for standard cases.
However, if the stalker uses violence, possesses a weapon, or breaches a restraining order, the penalty can extend to seven years.
If you’re being stalked, collecting evidence is crucial, as it can aid in legal proceedings and help in obtaining intervention orders.
🔑 Key takeaway: The law is on the side of stalking victims. Gathering evidence and understanding your rights can aid in legal battles.
Seeking Support
If you’re a victim of stalking, numerous services can offer emotional support and practical advice. It’s vital to reach out as soon as you feel threatened.
If the stalker is someone you had an intimate relationship with or is a family member, consider seeking advice about a domestic violence order.
In other scenarios, especially when violence or threats are involved, a peace and good behaviour order might be more appropriate.
🔑 Key takeaway: You’re not alone. Numerous services and legal avenues can help protect you from stalkers.
Stalking is a grave issue in Australia, but with awareness, legal support, and community resources, victims can find safety and justice.
Always remember to prioritise your safety and seek help when needed.
Director of Melbourne Family Lawyers, Hayder manages the practice and oversees the running of all of the files in the practice. Hayder has an astute eye for case strategy and running particularly complex matters in the family law system.