ABSTRACT
Another area in which general harassment has been outlawed is within the context of familial violence, but this is contingent upon the relationship between the parties and it is true to say that the law has not been as accommodating here as it has in the context of harassment in the course of employment. Victims of stalking may qualify for protection under domestic violence legislation depending upon the nature of the relationship they have with the stalker. There is generally regarded to be a strong link between stalking and domestic violence:
The obvious difficulty with reliance upon domestic violence legislation is that protection is limited to those whose relationships would be considered ‘domestic’. Recent legislative changes in this area of law have, however, substantially enlarged the category of persons to be protected under domestic violence provisions. However, as the Family Law Act 1996 did not come into force until 1 October 1997, which was after the main provisions of the Protection from Harassment Act came into force on 16 June 1997, it is relevant, when considering the level of protection available prior to the enactment of the Protection from Harassment Act, to consider the pre-Family Law Act domestic violence legislation.
