When you can get an order

When you can get an order

You can get an order to protect yourself, your children, property or people supporting you from the following behaviour:

  • assault and sexual assault
  • harassment
  • stalking
  • making a serious threat
  • property damage or interference.

In most cases these behaviours have to happen more than once to get an intervention order.

They must also be deliberate. The person must know (or should have known) that their behaviour would be likely to cause harm, apprehension or fear.

Assault and sexual assault

Assault is when someone causes injury, pain, discomfort, or damage to another person. It also includes insult or deprivation of liberty. Sexual assault is an assault of a sexual nature.

Harassment

Harassment is when someone is demeaning, derogatory or intimidating towards another person. It can include:

  • racial taunts
  • taunts about sexual orientation or gender identity
  • sexual harassment – unwelcome physical, verbal or written behaviour of a sexual nature
  • repeated insulting remarks.

It also includes conduct that is carried out by a third person on behalf of someone else.

Stalking

Stalking is when someone causes another person physical or mental harm. This includes self-harm, suicidal thoughts and fear for their own safety.

A person may be stalking you if they want to cause you physical or mental harm by:

  • following or watching you
  • going to or hanging around your home, work or any other place you regularly visit
  • keeping you under surveillance
  • contacting you in any way, including by post, telephone, fax, text message, or email
  • putting information online about you
  • pretending to be you online or hacking into your computer
  • tracing your use of the internet, email or other electronic communications
  • interfering with your property
  • giving you offensive material or leaving it where you will find it
  • bullying:
    • making threats
    • using abusive or offensive words within your hearing
    • doing something that is offensive when you are present
    • abusive or offensive acts towards you
  • making you fear for the safety of another person.

Making a serious threat

A serious threat means a threat to kill or inflict serious injury. It can include a combination of injuries or the destruction of a foetus (unborn baby).

Property damage or interference

Property damage or interference is when someone repeatedly and intentionally:

  • damages or destroys your property
  • interferes with your property, including withholding your property – for example, not giving you food or medication
  • threatens to damage, destroy or interfere with your property – for example, threatening to hurt your pet.

Get help

Find out how you can get help with personal safety intervention orders.