Your Resources
Three things you can do if you are being harassed or stalked
You do not have to put up with inappropriate behaviour from ex-partners.
- You can make a complaint to the Police
- If your “stalker” is a relative, ex-partner or someone you have had a domestic relationship with you can apply for a Protection Order. You must show that there has been domestic violence (which includes physical, sexual and verbal abuse, psychological abuse, threats and harassment) and that the order is needed to protect you. A Protection Order will stop all contact from the stalker. If there is a risk of harm to you or your children the Court may make an order almost immediately.
- If your stalker is a stranger or neighbour, then the Harassment Act may apply to you. There must be at least two acts of harassment within a 12 month period. Harassment includes loitering outside your home or work and anything that makes you fear for your safety. You may then apply for a Restraining Order which will stop all contact between the stalker and you. The Court must be satisfied that your circumstances would cause distress to a reasonable person and that an order is necessary to protect you from further harassment. Unlike a Protection Order it is not possible to obtain a Restraining Order at short notice.
Breaching a Protection Order or Restraining Order is a crime. Stiff sentences are handed down for breaches of an order, including prison for repeated breaches.
These situations can be extremely upsetting and stressful but you do not have to put up with their inappropriate behaviour.
Please note that Rainey Collins is not contracted to provide Legal Aid, other than in the Treaty of Waitangi area. We therefore are unable to take on any Civil or Family Legal Aid work. If you require Legal Aid in those areas, you can search the list of Legal Aid lawyers on the Ministry of Justice website.