Technology-facilitated abuse is when someone uses phones, apps, trackers or online accounts to watch or control a partner, ex or family member. In Queensland, this can be domestic violence and can lead to a Domestic Violence Order (DVO).
Hiding a tracker, reading someone's messages or following their location after separation can all count as "unauthorised surveillance" under the law. This guide explains what counts, what the court looks at, and what to do next.
- What is technology-facilitated abuse?
- Is tracking a phone domestic violence?
- When will a court make a DVO?
- DVO conditions and Police Protection Directions
- Can it also be a criminal offence?
- I think I am being tracked
- I have been served with a DVO
- Case study: TJB v CRC [2022] QDC 67
- Frequently asked questions
What is technology-facilitated abuse?
Technology-facilitated abuse is using devices or online accounts to watch, control, harass or scare someone.
Most people carry a phone that records where they go and who they talk to. That makes it easy to misuse.
It is often subtle. Many people do not realise it can be domestic violence until a DVO application is made.
Common examples
| Type | What it can look like |
|---|---|
| Location tracking | Hiding a GPS tracker, AirTag or Bluetooth tag in a car, handbag or a child's bag. |
| Phone monitoring | Installing spyware or a "parental control" app on an adult partner's phone. |
| Shared accounts | Using iCloud, Google, Find My or Life360 to follow someone's location after separation. |
| Reading messages | Checking texts, emails, social media or browser history without permission. |
| Cameras | Pointing cameras or doorbell cameras at a former partner's home or driveway. |
| Harassment | Constant calls, messages or posts meant to intimidate. |
| Image threats | Threatening to share private or intimate images. |
Is tracking or monitoring a phone domestic violence in Queensland?
Yes, it can be. The law is in section 8 of the Domestic and Family Violence Protection Act 2012 (Qld).
Under section 8, domestic violence includes behaviour that is abusive, threatening or coercive. It also includes behaviour that controls a person and makes them fear for their safety.
The Act also names "unauthorised surveillance" as a form of domestic violence in its own right.
What is unauthorised surveillance?
Unauthorised surveillance means watching or tracking where a person goes, what they do or who they see. It applies when this is done without their consent and is unreasonable, including with technology.
The Act gives these examples:
- Reading a person's SMS messages.
- Monitoring their email account or internet browser history.
- Monitoring their social media account.
- Using a GPS device to track their movements.
- Checking the recorded history in their GPS device.
The court looks at the whole relationship
One location check may seem minor on its own. As part of a pattern of control, it can be enough to support a protection order.
In practice, these three questions often matter most:
- Was there consent to the monitoring?
- Was it reasonable in the circumstances?
- Was it part of a wider pattern of control or fear?
When will a court make a DVO?
Under section 37 of the Act, a magistrate can make a protection order if satisfied of three things. All three must be met.
- A relevant relationship exists. This means an intimate personal relationship, a family relationship or an informal care relationship.
- The respondent has committed domestic violence against the aggrieved.
- The order is necessary or desirable to protect the aggrieved from domestic violence.
The court decides this on the balance of probabilities. That is a lower standard than "beyond reasonable doubt" in a criminal case.
Evidence that can matter
- Photos of a tracker, camera or device that was found.
- Screenshots of apps, location sharing settings or account login alerts.
- Messages that show the other person knew where you were or what you were doing.
- A written diary with dates, times and what happened.
- Evidence from family, friends or police who saw the behaviour.
What conditions can a DVO include?
Every protection order requires the respondent to be of good behaviour and not commit domestic violence. The court can add extra conditions to deal with technology-facilitated abuse.
- Not contacting the aggrieved by any means, including by phone, text, email or social media.
- Not locating or attempting to locate the aggrieved.
- Not asking someone else to locate or contact them.
- Not going within a set distance of their home, work or family.
If the court does not set an end date, a protection order lasts five years. The court can only make it shorter if it is satisfied there are reasons to do so.
Breaching a DVO is a criminal offence.
Police Protection Directions (PPDs)
Since 1 January 2026, Queensland police can issue a Police Protection Direction on the spot, without first going to court. A PPD currently lasts 12 months and starts when it is served on the respondent.
A police review must usually be sought within 28 days after the respondent is served with the grounds. A court review can be sought at any time while the PPD is in force.
Breaching a PPD is a criminal offence.
Can technology-facilitated abuse also be a criminal offence?
Yes. Depending on the facts, the same behaviour can lead to criminal charges as well as a DVO.
| Possible charge | How tracking or monitoring may fit |
|---|---|
| Coercive control | Since 26 May 2025, coercive control has been a standalone offence with a maximum of 14 years in jail. It needs a course of conduct, and tracking or monitoring may form part of it. |
| Stalking or harassment | The legal name is unlawful stalking, intimidation, harassment or abuse. It can cover following, watching or contacting someone in a way that causes fear. |
| Breach of a DVO or PPD | Tracking someone after an order says not to locate them. |
| Using someone else to locate a protected person | Since 2025, it is an offence to hire someone, such as a private investigator, to locate or watch a person protected by an order. |
| Image-based abuse | Sharing, or threatening to share, intimate images without consent. |
I think I am being tracked. What should I do?
- Think about safety first. If you remove a tracker or app, the other person may notice it has gone. Speak to police or a support service before you remove anything, if you can.
- Keep evidence. Photograph the device where you found it and take screenshots of login alerts or unknown apps.
- Keep a diary. Write down dates, times and what happened each time the person seemed to know where you were.
- Check your phone for unknown trackers. iPhone and Android phones can alert you to an unknown Bluetooth tracker travelling with you.
- Review shared accounts. Check location sharing, Find My, family sharing and connected devices.
- Change passwords safely. Use a device the other person has never had access to.
- Get legal advice about a DVO or a Police Protection Direction.
The eSafety Commissioner has free guides on staying safe online during and after family violence.
I have been served with a DVO about phone monitoring. What now?
Do not ignore it. Read the application and note the court date, because the court can decide the case without you if you do not attend.
Your options
| Option | What it means |
|---|---|
| Consent without admissions | You agree to the order without admitting the allegations. The court can still refuse if it has safety concerns. |
| Negotiate conditions | You agree to an order but ask for conditions that work, for example around children or shared property. |
| Contest the application | You oppose the order and the matter goes to a hearing with evidence. |
Common mistakes
- Believing that checking a shared Find My account or a family phone is harmless. The court will ask if it was reasonable and done with consent.
- Keeping a camera or tracker running after a temporary order is made. This can be a breach.
- Contacting the aggrieved to "sort it out". This can also be a breach.
- Assuming a good reason, such as protecting property, will be accepted.
A DVO can affect firearms licences, blue cards, employment and family law parenting matters. Early advice matters.
Elysian Law offers a free initial consultation for DVO matters. We will review your documents, explain your options and give you a clear quote to attend court.
For confidential support, men can also contact DVConnect Mensline on 1800 600 636.
A hidden camera on a shared property: TJB v CRC [2022] QDC 67
TJB v CRC [2022] QDC 67
An appeal from the Magistrates Court at Toowoomba. The appeal was dismissed and a five-year protection order was confirmed.
The facts
The couple separated in early January 2021. The woman often stayed alone at a remote cattle property they co-owned, about 18 kilometres from the nearest neighbour.
In February 2021, without telling her, the man put a motion-activated camera about 7.6 metres up a tree. It faced the house and driveway and sent images to his phone.
A temporary protection order was then made, stopping him from locating her. He kept monitoring the camera anyway, and he also drove past her parents' home within the distance the order banned.
The legal issue
Had he committed domestic violence under section 8, such as unauthorised surveillance? If so, was a protection order necessary or desirable under section 37?
His explanation
He said the camera was only there to check on cattle and protect his share of the property. He also said his lawyer told him it was fine.
The court rejected both claims. The camera captured the house, and his own lawyer gave sworn evidence that he did not give that advice.
The outcome
The judge found that continuing to use the camera was unauthorised surveillance and part of a pattern of domestic violence.
The pattern also included other conduct. When they separated, he took her rifle and threatened to harm himself, damaged property and verbally abused her, and he later sent concerning texts and breached the temporary order.
What this means for you
- Being a part-owner of the property did not excuse watching a former partner there.
- Monitoring that keeps going after a temporary order is made weighs heavily against the respondent.
- A reasonable-sounding explanation will be tested against the evidence.
- If you are being monitored, keep records, because they can make the difference.
Frequently asked questions
It can be. Secretly tracking a partner or ex can be unauthorised surveillance under Queensland's domestic violence law, and it may also lead to criminal charges such as stalking.
A shared account does not mean ongoing consent, especially after separation. The court will look at whether the monitoring was reasonable, whether there was consent and whether it was part of a pattern of control.
Yes, it can. Using a child's phone or bag to follow the other parent can be unauthorised surveillance, and it may also affect parenting arrangements in family law.
Useful evidence includes photos of a device, screenshots of apps or login alerts, messages showing the other person knew where you were, and a dated diary. Witness evidence from family, friends or police can also help.
If the court does not set an end date, a protection order lasts five years. The court can only make it shorter if it is satisfied there are reasons to do so.
Yes, you do not need to have lived together. A couple relationship can count, but just going on a few dates is not enough on its own.
Where to Get Help Now
- 1800RESPECT: 1800 737 732, 24 hours, national.
- DVConnect Womensline (Qld): 1800 811 811, 24 hours.
- DVConnect Mensline (Qld): 1800 600 636.
- Elder Abuse Helpline (Qld): 1300 651 192.
- Ageing and Disability Abuse Helpline (NSW): 1800 628 221.
More guides on DVOs and evidence
Need advice about tracking, monitoring or a DVO?
Whether you are applying for protection or responding to an application, our lawyers can help. We attend courts across Brisbane, the Sunshine Coast and Regional Queensland.
This article is general information only and is not legal advice. Laws can change, so get advice about your own situation.
