Key points
- Unwanted contact becomes harassment in law when it is repeated, the sender knows it's unwanted, and it causes fear or significant distress.
- Document everything from the beginning — frequency, content, and any steps you took to communicate that contact was unwanted.
- Do not respond to every message; engaging often encourages more contact.
- One written statement that contact is unwanted, followed by silence, is the legally clearest approach.
- If co-parenting contact is still necessary, a communication relay separates legitimate communication from harassment and archives everything.
Receiving unwanted contact from a former partner is one of the more difficult situations to know how to handle. It often sits in a grey area — not quite threatening enough to feel justified in calling police, but persistent and intrusive enough to cause real harm to your daily life and mental health.
This guide covers the legal line between unwanted contact and harassment, how to document what's happening, what to do and not do, and what practical and legal options are available to you.
When contact becomes harassment
In Australian law, harassment is not defined by a single incident. The key elements are:
- Repetition. The behaviour happens more than once, or is part of a course of conduct.
- Knowledge. The sender knows (or a reasonable person would know) that the contact is unwanted.
- Impact. The contact causes fear for safety or substantial distress, or would cause this in a reasonable person.
Under the Crimes Act and various state-based stalking and harassment legislation, a pattern of unwanted contact — texts, calls, emails, showing up, contact through third parties — can constitute the offence of stalking or harassment, even if each individual contact seems minor.
This matters because it means you don't need to wait for something serious to happen before taking action. A pattern of 20 text messages over two weeks, sent after you asked the person to stop, is a pattern of harassment. It doesn't require a threat.
Document everything from the start
The most important thing you can do — from the very first unwanted contact — is document it. Courts, police, and lawyers need a record, not a verbal account. The record needs to show:
- The date and time of each contact
- The platform or method (SMS, WhatsApp, email, showing up in person, through a mutual friend)
- The exact content of messages — full text, not a summary
- Any response you gave, or a note that you didn't respond
- Any steps you took to communicate that contact was unwanted (a written message, a note through a lawyer)
Keep this record in a format you can produce — a secure notes app, a spreadsheet, or forwarded emails in a dedicated folder. Also preserve the original messages on the device that received them and back up that device.
What not to do
There are several common responses to unwanted contact that make the situation harder to resolve:
- Do not engage with every message. Each response — even an irritated one — signals that messaging you produces a result. This often encourages more contact.
- Do not make counter-threats or match the emotional tone. This creates material that can be used against you and complicates your legal position.
- Do not share the messages publicly. Posting communications on social media, even to seek sympathy or witnesses, can create defamation risk and undermine your legal options.
- Do not delete messages. Even if they are upsetting, they are your evidence. Keep everything.
- Do not involve children as intermediaries. Don't ask children to pass along messages asking the other parent to stop contacting you — this puts children in an impossible position and can be used against you in family court.
Setting a clear limit in writing
If you haven't already communicated clearly that contact is unwanted, do so once — in writing. This is important because it establishes the "knowledge" element of harassment: after your written notice, the sender cannot claim they didn't know contact was unwanted.
The message should be:
- Brief — one or two sentences
- Clear — state that you do not want further contact
- Specific about what is allowed, if anything (for example, co-parenting logistics via a specific channel only)
- Free of emotional content, threats, or anything that could be turned against you
After sending this message, do not send further requests. One written notice is the legally clear approach. Sending 15 messages asking someone to stop contacting you is itself a pattern of contact.
Legal options
If unwanted contact continues after your written notice (or if it is immediately threatening or serious), you have several legal options:
Police report
Contact police to make a report, particularly if the contact is repeated, threatening, or accompanied by physical surveillance. Bring your documented record. A police report creates an official record even if no action is taken immediately.
Protection order
Apply through your local court for an Apprehended Violence Order (NSW), Intervention Order (Victoria), Domestic Violence Order (Queensland), or the equivalent in your state. A protection order can prohibit all contact, or restrict contact to specific channels (such as written communication about children only).
Stalking or harassment charges
In serious cases, police may charge the other party with stalking, harassment, or related offences under the relevant state legislation. A documented record significantly strengthens any criminal investigation.
Protecting yourself practically
While legal processes proceed, there are practical steps that reduce your exposure to unwanted contact:
- Route all contact through a relay address or number — they never have your real details
- Review privacy settings on all social media accounts and remove your location from posts
- Let your workplace know if the situation escalates to the point where contact there is a risk
- Inform your children's school or childcare of who is and is not authorised to collect them
- Vary your routine if you believe you are being physically followed
- Keep a trusted person informed of your situation and your whereabouts
Resources and support
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1800RESPECTNational counselling for unwanted and harassing contact, 24/7 (1800 737 732)
eSafety CommissionerGovernment tools for reporting technology-facilitated stalking and persistent contact
National Legal AidFind free or subsidised legal help for family, civil and criminal matters anywhere in Australia
NSW Police ForceReport threatening messages and apply for police assistance — NSW
Victoria Police — Family ViolenceReport threatening messages and apply for police assistance — VIC
Queensland Police ServiceReport threatening messages and apply for police assistance — QLD
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National Domestic Violence HotlineSupport and safety planning for unwanted contact from an ex (1-800-799-7233)
Stalking Prevention, Awareness and Resource CenterResources on persistent unwanted contact and legal options
National Center for Victims of Crime — StalkingGuidance on documenting persistent unwanted contact and seeking legal protection
Cyber Civil Rights InitiativeSupport for technology-facilitated harassment and unwanted contact
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RefugeNational Domestic Abuse Helpline — 0808 2000 247, 24/7
Suzy Lamplugh TrustNational stalking helpline and resources for persistent unwanted contact (0808 802 0300)
Victim SupportFree support for people experiencing harassment and unwanted contact
Citizens AdviceGuidance on harassment law and applying for a restraining order
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Frequently asked questions
When does unwanted contact from an ex become harassment?
Unwanted contact becomes harassment when it is repeated, the sender knows the contact is unwanted, and it causes the recipient to fear for their safety or causes significant distress. A single message is not usually harassment in law, but persistent contact — especially after you have asked them to stop — typically meets the threshold under Australian harassment and stalking legislation.
Should I respond to messages from an ex who won't stop contacting me?
Generally no. Responding — even to say "stop contacting me" — can encourage further contact and muddy the legal picture. The clearest approach is one documented statement in writing that contact is not welcome, followed by silence. Your lawyer can advise on the wording. After that statement, preserve but do not respond to further messages.
Can I get a restraining order if my ex won't stop texting me?
Yes, in many circumstances. Protection orders (AVOs, Intervention Orders, and their equivalents in other states) can prohibit a person from contacting you. Your application is strengthened by a documented record of the unwanted contact, showing the frequency, content, and that the contact was unwanted.
Is it harassment if my ex contacts me through other people?
Yes. Directing third parties to contact you, or using children as intermediaries, can constitute harassment. Document it the same way you would document direct contact. If there is a protection order in place that prohibits contact, contact through third parties may breach that order.
What should I do if I still need to be in contact for co-parenting?
If you share children, you may need to maintain some communication channel. The solution is to separate necessary co-parenting communication from unwanted personal contact. Using a relay address or number means you can receive co-parenting logistics while filtering out and archiving unwanted contact. This also creates a record that distinguishes the two types of communication.