The Reality of Phone-Based Stalking
Stalking by phone takes many forms: anonymous silent calls, ringing that continues after the victim has refused contact, threatening conversations, and repeated calls late at night or early in the morning. Because every incoming call forces the victim back on edge, the mental strain is heavy, and it often spills over into sleep and work. The longer someone endures it on the grounds that "the caller is an ex-partner," the more the record of what happened scatters, making legal steps harder to take later.
Japan's Anti-Stalking Act (formally, the Act on Regulation and Punishment of Stalking) was passed in 2000, and later amendments have widened what it covers. Under the current Act, conduct carried out by phone, email, SMS, or social media is regulated, as is obtaining another person's location data with a GPS device or similar equipment without their consent (Article 2(3)). This article walks through the legal tools available against phone-based stalking in the order the procedures unfold. See also basic countermeasures against stalker calls.
When the Anti-Stalking Act Applies
Phone Conduct Classified as "Pursuit Behavior"
The Anti-Stalking Act regulates the following phone-related conduct when carried out to satisfy romantic feelings, affection, or resentment arising from unreciprocated feelings toward a specific person:
- Demanding a meeting or a relationship (Article 2(1)(iii)) - demanding by phone that the victim do something they have no obligation to do, such as meeting or entering a relationship
- Silent calls (item (v)) - calling and hanging up without saying anything
- Continued calling after refusal (item (v)) - calling repeatedly despite having been refused. Calls made over and over late at night or early in the morning fall under this item as well
- Markedly crude or violent language (item (iv)) - shouting or using abusive language on the phone
- Statements harmful to reputation (item (vii)) - telling the victim matters that damage their reputation
When these acts are repeated against the same person, they constitute "stalking behavior" and become subject to criminal penalties (Article 18: up to one year's imprisonment or a fine of up to 1 million yen). However, of these, demands for meetings or dating (item (iii)) and markedly rude or violent behavior (item (iv)) qualify only when carried out in a manner that causes anxiety that the victim's physical safety, the tranquility of their residence, or their reputation will be harmed, or that their freedom of action will be significantly impaired (Article 2, Paragraph 4). A single incident remains "pursuit behavior" and is not in itself criminally punishable. However, where there is found to be a risk that the person will repeat the same conduct, even a single incident can be grounds for the warning described below (Article 4(1)).
Prerequisites for the Act to Apply
The Anti-Stalking Act requires that the perpetrator's motive be "romantic feelings or affection" or "resentment" arising from such feelings. Ordinary sales calls or harassment motivated by other reasons fall outside the Act's direct scope. However, sales calls can be addressed under the Specified Commercial Transactions Act, and other forms of harassment under criminal law (intimidation) or local nuisance prevention ordinances. Blocking nuisance calls as a first line of physical defense is also important.
The Warning Procedure
Consulting the Police
If you are being stalked by phone, start by visiting the Community Safety Division of your nearest police station. Having the following evidence ready will let you convey exactly what has been happening:
- Call history screenshots showing dates, times, and numbers
- Call recordings (if available)
- A chronological incident log documenting dates, content, and frequency
- Materials showing your relationship with the perpetrator (e.g., duration of a past relationship)
Refer to how to preserve evidence of phone harassment to organize your evidence before the consultation.
Issuance of a Warning
A chief of police (the Superintendent General of the Metropolitan Police Department, a prefectural police headquarters chief, or a police station chief) may, at the victim's request or on their own authority, warn the perpetrator not to repeat the conduct (Article 4(1)). The Act sets no criminal penalty for breaching the warning itself, but receiving an official warning does stop the conduct in some cases. Where it does not, the next step is a restraining order.
How long it takes for a warning to be issued depends on the case. If you feel your physical safety is at risk, do not wait for a warning - call 110 on the spot. Where there is an urgent need, the Act also allows a restraining order to be issued without a preceding warning.
The Restraining Order Procedure
What Is a Restraining Order?
A restraining order is an administrative order issued by the Prefectural Public Safety Commission. It is issued, at the victim's request or on the commission's own authority, where conduct prohibited by the Anti-Stalking Act (a violation of Article 3) has occurred and the perpetrator is found likely to repeat it (Article 5(1)). A prior warning is not a requirement, so the process can skip the warning and go straight to a restraining order. The commission ordinarily holds a hearing to take the perpetrator's views, but where there is an urgent need to protect the victim's physical safety, it may issue the order without a hearing and then hold a session to hear the perpetrator's views within 15 days of that date (Article 5(2) and (3)).
Criminal penalties for violating a restraining order come in two tiers. Stalking in violation of a no-repeat order (Article 5(1)(i)) carries up to two years' imprisonment or a fine of up to 2 million yen (Article 19(1)); any other violation of a restraining order carries up to six months' imprisonment or a fine of up to 500,000 yen (Article 20).
Scope of a Restraining Order
What the order requires falls into two parts: (1) not to repeat the same conduct, and (2) any matters necessary to prevent repetition (Article 5(1)). Examples of what may be ordered under (2) include:
- Contacting the victim by phone, email, or social media
- Approaching the victim's home, workplace, or school
- Contacting the victim's associates (family, friends, colleagues)
A restraining order is effective for one year from the day it is issued. Where a continued need is found, the period is extended at the victim's request (Article 5(8) and (9)).
How to Request a Restraining Order
The victim - the person the conduct is directed at - can request a restraining order themselves (Article 5(1)). Requests are made at a police station, and the police move the matter on to the commission's procedure after confirming the facts and the evidence. What the victim needs to prepare is the evidence and a specific account of the harm. If a request is made but no restraining order is issued, the reasons are given in writing (Article 5(7)). See the legal guide to call recording for proper evidence preservation.
Protection Orders and Criminal Prosecution
Protection Orders Under the DV Prevention Act
If the stalker is a current or former spouse, or a cohabiting partner, the victim can apply to the court for a protection order under the Act on the Prevention of Spousal Violence (DV Prevention Act). Types of protection orders include:
- Approach prohibition order - prohibits the perpetrator from approaching the victim for one year
- Communication prohibition order - prohibits phone calls, emails, and social media contact
- Child approach prohibition order - prohibits approaching the victim's children
- Relative approach prohibition order - prohibits approaching the victim's relatives
Violating a protection order is punishable by up to two years' imprisonment or a fine of up to two million yen (the current statutory penalty under the amendment effective 2024). Protection orders under the DV Prevention Act are issued by the court, which is a different procedure from restraining orders issued by the Public Safety Commission under the Anti-Stalking Act.
Criminal Prosecution
When stalking behavior is repeated, criminal prosecution for violation of the Anti-Stalking Act is possible. The statutory penalty for stalking is up to one year's imprisonment or a fine of up to one million yen (Article 18). Stalking in violation of a no-repeat restraining order raises the penalty to up to two years' imprisonment or a fine of up to two million yen (Article 19(1)). An amendment changed stalking from a complaint-required offense to a non-complaint offense, meaning prosecutors can file charges even without a formal complaint from the victim.
For criminal prosecution, it is advisable to have a lawyer draft the complaint. The complaint must include the facts of the harm, evidence, and identifying information about the perpetrator.
Concrete Steps Victims Should Take
Prioritize Your Safety
While pursuing legal remedies, make your personal safety the top priority:
- Consider changing your phone number (consult your carrier)
- Enable anonymous call rejection
- Subscribe to a spam call filter service
- Strengthen home security (security cameras, double locks, etc.)
- Share your situation with someone you trust - do not isolate yourself
Thoroughly protect your phone number privacy to prevent your number from being leaked again. Combining call blocking with call forwarding lets you automatically block specific numbers while still receiving important calls.
Using Support Services
- Police (110 / #9110) - 110 for emergencies, #9110 for consultations
- Spousal Violence Counseling and Support Centers - DV-related consultations and temporary shelter
- Japan Legal Support Center (Houterasu, 0570-078374) - free legal consultations and attorney fee advances
- Yorisoi Hotline (0120-279-338) - a phone line that takes consultations on a wide range of everyday difficulties
See also where and how to report nuisance calls, and use the channels that fit your situation.
Summary
Multiple legal tools are available against phone-based stalking: warnings and restraining orders under the Anti-Stalking Act, protection orders under the DV Prevention Act, and criminal prosecution. If you are being victimized, do not suffer in silence - consult the police or a lawyer promptly. Collecting and preserving evidence on an ongoing basis makes it easier to move forward with a warning or a restraining order. Keep your safety as the top priority while making full use of the legal remedies available to protect yourself.