The Reality of Phone-Based Stalking
According to the National Police Agency, stalking-related consultations reach roughly 20,000 cases per year, with phone and email-based "pursuit behavior" accounting for about 40% of the total. Phone stalking takes many forms: anonymous silent calls, relentless ringing, threatening conversations, and repeated calls at unreasonable hours. The psychological toll on victims is severe, with reported cases of insomnia, depression, and PTSD.
Japan's Anti-Stalking Act (formally, the Act on Regulation and Punishment of Stalking) was enacted in 2000 and has been amended in 2013, 2016, and 2021 to cover stalking via phone, email, SMS, and social media. The 2021 amendment added GPS-based location tracking to the list of regulated conduct. This article explains the legal tools available against phone-based stalking, following the procedural flow. 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 meetings or a relationship - repeatedly asking for dates or a relationship over the phone
- Silent calls - calling and hanging up without speaking, repeatedly
- Persistent calling - continuing to call despite the victim's refusal
- Calls at unreasonable hours - calling late at night or early in the morning
- Crude or violent language - shouting, threatening, or using abusive language on the phone
- Defamatory statements - making slanderous or reputation-damaging remarks over the phone
When these acts are carried out "repeatedly," they constitute "stalking behavior" and become subject to criminal penalties. A single incident qualifies as "pursuit behavior" but not "stalking behavior." However, even a single incident can be grounds for a warning.
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. Bringing the following evidence will speed up the process:
- 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. Legal guides on anti-stalking measures can help you prepare by building foundational legal knowledge.
Issuance of a Warning
Based on the victim's request, the police can issue a written warning to the stalker ordering them to stop their pursuit behavior. The warning is delivered directly to the perpetrator. While a warning has no legally binding force, it is reported that roughly 70% of warned individuals cease their behavior afterward, according to National Police Agency statistics.
A warning is typically issued within one to two weeks. In urgent cases, the process is expedited.
The Restraining Order Procedure
What Is a Restraining Order?
If the behavior continues after a warning - or even without a prior warning - the Prefectural Public Safety Commission can issue a "restraining order." The 2016 amendment made it possible to issue restraining orders without a preceding warning, enabling faster response in urgent cases. A restraining order carries stronger legal force than a warning: violating it is punishable by up to two years' imprisonment or a fine of up to two million yen.
Scope of a Restraining Order
A restraining order may prohibit the following:
- 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)
Restraining orders are valid for one year and can be renewed. Violations are subject to arrest and prosecution.
How to Request a Restraining Order
Victims do not file for a restraining order directly. Instead, the police petition the Public Safety Commission on the victim's behalf after gathering evidence. The victim's role is to provide evidence and a detailed account of the harm. 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 six months
- 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 one year's imprisonment or a fine of up to one million yen. 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. Violating a restraining order increases the penalty to up to two years' imprisonment or a fine of up to two million yen. The 2013 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. Home security cameras are also effective for deterring stalking and collecting evidence. 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) - 24-hour support line
See also where and how to report nuisance calls. Using multiple support channels in parallel can lead to faster resolution.
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 dramatically increases the effectiveness of legal action. Keep your safety as the top priority while making full use of the legal remedies available to protect yourself.