A variety of acts that fall within this behaviour are frequently referred to throughout the bench book, including surveillance, monitoring and stalking as forms of domestic violence (e.g. Sections 4.2, 4.4.4.1, 21.2.5.2), and factors for heightened risk (Section 8.8.1). However, they are not substantively discussed as behaviours.
Also see:
Section 4.6.3: New forms of domestic violence:
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‘The Issue: Revenge pornography, identity theft, domestic violence and stalking using modern technology (computers, smart phones, geo-positioning equipment, audio enhancement tools, drones and tracking systems) are a growing concern and indeed are now a regular feature of DV cases’;
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Responses: ‘Consider the need to include special safety measures in agreements and court orders (e.g., prohibiting access, direct or indirect, to the targeted party’s smart or cell phone, including any information about the location of the phone; prohibiting possession or use of spy ware or other computer monitoring programs; prohibiting and or specifying allowable forms of contact via social media accounts; prohibiting direct and indirect forms of intimidation, harassment or monitoring by computer or other program or device; prohibiting possession or use of geo-positioning, audio enhancement and tracking systems or programs); prohibiting the possession or use of programs or applications that can affect any aspect of the victim’s residence’;
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See also Section 9.2.2.24: Prohibiting modern forms of domestic violence, which looks at responses to modern forms of stalking and harassment in prohibition orders.
Section 7.4.1: Using litigation to control or harass:
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‘Some authors assert that heightened litigation in DV cases is a form of harassment, monitoring and stalking’.
Section 7.4.33: When perpetrators tape or videotape the other parent:
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‘In a domestic violence context, this can be evidence of continuing monitoring, denigration, coercion or control’.
