Following, communication, monitoring and threatening conduct
Section 264 identifies different categories of prohibited conduct. These include repeated following or communication, monitoring a person’s movements or interactions, watching specified places and threatening conduct. Repetition is part of some categories, but it should not be added as a requirement to every category.
The current provision addresses intent, knowledge or recklessness about harassment and conduct reasonably expected, in the circumstances, to cause a belief that safety is threatened. It expressly includes psychological safety. Counsel must check the version applicable to the alleged dates rather than assume that an older description of the offence states the current test.
Digital records and the full course of events
Messages through other people, alternate accounts, location information and online activity may be relevant. A short selection of screenshots may not show the frequency, authorship or context of the alleged conduct. Preserve the original history, dates and account information instead of deleting material or creating a new explanation online.
Aftermath Law can compare the alleged pattern with disclosure, examine the attribution of communications and assess the required mental element and surrounding circumstances. Identify relevant records and witnesses for counsel without monitoring or investigating the complainant yourself.
No-contact terms and the difference between a charge and a peace bond
A release order may prohibit direct and indirect contact, including messages through friends or another account. Comply with the actual wording while seeking advice about a lawful change. A personal belief that communication is harmless does not suspend a restriction.
A conviction and a peace bond are different legal outcomes. A proposed resolution should be assessed for its effect on the charge and the practical consequences of any conditions. Counsel can also examine overlapping family orders and explain the prosecution, defence and sentencing issues without treating one outcome as assured.