National Domestic and Family Violence Bench Book
Following, harassing and monitoring - Other Bench Books
A variety of acts that fall within this behaviour are frequently referred to throughout the bench book, including listing harassing, monitoring and stalking as forms of domestic violence (e.g. Sections 4.2, 22.214.171.124, 126.96.36.199), and factors for heightened risk (Section 8.8.1). However, they are not substantively discussed as behaviours.
Section 4.6.3: New forms of domestic violence:
‘The Issue: Revenge pornography, 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’;
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)’;
See also Section 188.8.131.52: 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:
‘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:
‘In a DV context, this can be evidence of continuing monitoring, denigration, coercion or control’.