What can I do if I am receiving threats or verbal abuse?
You should report threats of violence, whether made over the phone, in writing or in person, to the police. In some circumstances where you are being threatened you may be able to take out a Peace and Good Behaviour Order or a Domestic Violence Order, provided you meet the conditions for applying for these orders.
You can read about how to apply for a domestic violence order on the Family/domestic violence order page, or by viewing Legal Aid Queensland's How to apply for a domestic violence order self help kit.
The Queensland courts produce a factsheet with information about how to apply for a Peace and Good Behaviour Order.
What if I think someone is defaming me?
To be defamatory the statement made or the publication printed must:
- injure somebody's reputation in the eyes of ordinary people in the community
- injure somebody in their profession or trade
- be likely to result in a person being shunned, avoided, ridiculed or despised.
As an action for damages for defamation is a complex, time consuming and expensive legal matter, you should get legal advice. Strict time limits apply and there are defences available to allegations of defamation.
What can I do if someone is using obscene language around me?
It is not an offence to use obscene language, but it may be an offence if obscene language is used in public. In certain circumstances, obscene language used in private or at home may, if coupled with other acts of domestic violence, form the basis of a domestic violence order. If you believe that you are a victim of domestic violence you can call the police.
What can I do about harassment?
Unless the harassment is sufficient to get a Domestic Violence Order, or amounts to sexual harassment or stalking, you may not be able to take legal action.
What is cyber-stalking?
Using a service such as email, internet chat rooms or a social networking site to threaten or harass someone is called cyber-stalking or cyber-bullying. If the harassment includes threats to harm or damage property, you should contact the police. If you’re receiving unwanted attention from someone and want to make it stop, you should contact your internet service provider and check the security features on the sites you use.
What can I do if children are taunting me or my child, or making comments?
Schools may have procedures to deal with a bullying situation.
Children can be held responsible for their wrongful acts, but the standard of reasonable care required of a child is what is normally expected of a child of that age. A parent will not be responsible for the action of a child unless it can be shown that the act was done with the authority of the parent or that the parent did not use adequate control or supervision of the child.