LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Will I be Accused of Stalking?

Discussion in 'Criminal Law Forum' started by janeyd, 27 October 2015.

  1. janeyd

    janeyd Member

    Joined:
    27 October 2015
    Messages:
    3
    Likes Received:
    0
    I used to date a guy from another state in a long distance relationship. He broke up with me at the beginning of the year (over text message and by lying), and has refused to see me since. I have tried contacting him a few times, and a while ago he said we could talk later on because there was a chance that I would be moving to his state. But now he will not talk to me, and makes a lot of excuses. Some of the things he says make me think he believes I'll show up at his work, which of course I wouldn't.

    Now, due to university and work commitments, I am moving to the same state as him, and I have even been offered a job at the gym he goes to. It is too good of an opportunity to pass up, but I worry that he would think I'm stalking him. Would he have grounds under Criminal Law to press charges against me if I take this job?
     
  2. Steph68

    Steph68 Active Member

    Joined:
    26 October 2015
    Messages:
    13
    Likes Received:
    0
    Were you truly offered the job or did you apply for it ?
     
  3. janeyd

    janeyd Member

    Joined:
    27 October 2015
    Messages:
    3
    Likes Received:
    0
    I applied through an online job directory before I realised it was his gym. I only knew what his gym looked like, not what it was called. We only drove past it once
     
  4. Steph68

    Steph68 Active Member

    Joined:
    26 October 2015
    Messages:
    13
    Likes Received:
    0
    I don't have any legal knowledge about this but if I was him, I'd be suspicious and probably say something to the gym manager.
     
  5. JS79

    JS79 Well-Known Member

    Joined:
    2 October 2015
    Messages:
    307
    Likes Received:
    35
    For your ex to charge you for stalking, he would need to prove that you:

    a) have engaged in conduct such as:
    • following him;
    • contacting him;
    • tracing his internet/email usage;
    • entering or loitering around his place of employment or places where he frequently visits;
    • interfering with his possessions;
    • making threats to him;
    and
    b) it is done with the intention of causing physical or mental harm to him; or arousing fear or apprehension for his own safety.

    Even though he could say that you entered into a place that he frequently visits he would need to prove that you did so with the intention of causing physical or mental harm to him or causing fear or apprehension for his safety.
     
    janeyd likes this.
  6. janeyd

    janeyd Member

    Joined:
    27 October 2015
    Messages:
    3
    Likes Received:
    0


    Ok great thank you so much, that makes me feel a lot better!
     

Share This Page

Loading...