Stalking and Harassment Charges in Queensland

Stalking is a criminal offence under the Criminal Code Act 1899 (Qld) and involves engaging in a course of conduct that is intentionally directed at another person and causes fear, distress, or concern for their safety.

It is not limited to physical following and can include a wide range of behaviours.

Stalking may include:

• Repeated unwanted contact (calls, texts, emails, or social media messages)

• Following or monitoring a person

• Watching or tracking someone’s movements

• Sending threatening or intrusive communications

• Cyberstalking or online harassment

• Loitering near a person’s home or workplace

The key issue is a pattern of behaviour, not a single incident.

Generally, no. Stalking typically involves a course of conduct, meaning repeated or ongoing behaviour over time.

However, even a short series of actions may be enough depending on the circumstances.

The prosecution must generally prove:

• A person engaged in a course of conduct

• The conduct was intentionally directed at the complainant

• The conduct was likely to cause fear or distress

• The complainant actually experienced fear or distress

Each element must be proven beyond reasonable doubt.

Stalking is a serious criminal offence and may result in:

• Significant fines

• A criminal conviction

• Imprisonment in serious cases

• A restraining or Protection Order

Penalties increase where aggravating factors are present, such as violence or breach of a court order.

Imprisonment is a possible penalty, particularly where:

• The stalking is prolonged or repeated

• There is a history of domestic violence

• A Protection Order has been breached

• The behaviour escalates or involves threats

Courts treat stalking offences seriously due to the impact on victims.

Yes, stalking often overlaps with domestic and family violence matters and may result in or occur alongside a Protection Order under the Domestic and Family Violence Protection Act 2012 (Qld).

Yes. Cyberstalking is recognised in Queensland law and can include:

• Repeated messaging or harassment online

• Monitoring social media accounts

• Creating fake profiles

• Sending unwanted or threatening digital communications

Yes. Possible defences may include:

• No intent to cause fear or distress

• Conduct was not a “course of conduct”

• Mistaken identity

• False or exaggerated allegations

• Lack of reliable evidence

Each case depends on its facts.

You should:

• Avoid contacting the complainant

• Not respond to allegations directly

• Comply with any bail or court orders

• Seek legal advice immediately

Early legal advice is critical in stalking matters.

Yes. If a conviction is recorded, stalking will appear on your criminal history and may affect employment, licensing, and future court matters.

Yes. Charges may be:

• Withdrawn by prosecution

• Reduced to lesser offences

• Resolved through negotiation or diversion in some cases

This depends on the evidence and legal arguments.

Yes. Courts may make a Protection Order (DVO) where stalking behaviour forms part of domestic or family violence concerns.

Stalking is usually dealt with in the Magistrates Court of Queensland, although more serious matters may proceed to higher courts.

Yes. A lawyer can:

• Assess the strength of the allegations

• Identify available defences

• Represent you in court

• Negotiate with prosecutors

• Work to minimise penalties or avoid conviction

Stalking is treated seriously because it can escalate and significantly impact a person’s safety, wellbeing, and sense of security. Courts aim to prevent ongoing harm and protect victims.