Stalking — Fixed Fee
$3,200 — Fixed Fee
Unlawful stalking — Magistrates Court plea — $3,200 fixed Contested hearing — $5,500 District Court plea — from $12,000 · trial — from $15,000 Covers : review of the charge and full conduct alleged, advice on the DV classification and restraining order exposure, sentencing submissions, and full court appearance. No hidden fees. One invoice. All fees +10% GST.
What Is Included
Review of the charge and alleged conduct. Reading exactly what acts are alleged, over what period, and whether the aggravated tier or DV classification applies. Advice on the DV classification and consequences. Where the charge involves a domestic relationship, the maximum penalty and sentencing framework both change — and the criminal history consequences follow even where no conviction is recorded. Advice on the restraining order. Under s 359F of the Criminal Code Act 1899 (Qld), a restraining order can be imposed regardless of the outcome of the criminal charge — including on acquittal. Sacha will advise on restraining order proceedings separately from the criminal charge. Assessment of the elements. Whether the conduct alleged satisfies every element of unlawful stalking — including whether the reasonable apprehension or detriment element is properly established. Bail condition advice. No-contact conditions are standard on stalking charges. Sacha will advise on the scope and effect of any conditions imposed, and whether an application to vary is appropriate. Sentencing submissions. Written and oral submissions on penalty and the case for the least restrictive outcome in the circumstances. Full court appearance at the Cairns Magistrates Court by Sacha.
A Stalking Charge Is Not Just About Following Someone
The Queensland offence of unlawful stalking, intimidation, harassment or abuse covers far more conduct than most people realise when they first see the charge. Under ss 359A–359E of the Criminal Code Act 1899 (Qld), the offence captures a wide range of intentional conduct directed at a person — and it applies regardless of whether the person targeted was actually frightened, and regardless of whether the accused intended to cause fear. The charge arises in two main contexts. The first is post-separation domestic situations: repeated contact, monitoring movements, showing up at a former partner's home or workplace, tracking through apps or social media. The second is non-domestic situations: an ongoing dispute with a neighbour, colleague, or business contact that has escalated to repeated contact or harassment. The law treats both seriously, but the consequences for a DV-classified stalking charge are considerably more significant than for a non-DV matter. The most important thing to understand at the outset is that the charge carries a restraining order power that operates independently of the criminal proceeding. A restraining order under s 359F can be imposed even if the charge is withdrawn, the accused is acquitted, or the matter does not proceed. That order runs for up to 5 years and carries criminal consequences for breach. Addressing the restraining order is part of every stalking matter — not an afterthought.
What the Offence Covers
Under s 359B of the Criminal Code Act 1899 (Qld), unlawful stalking is conduct intentionally directed at a person, on one protracted occasion or more than one occasion, consisting of one or more of the following acts:Following, loitering near, watching or approaching a person Contacting a person in any way, including by phone, SMS, email, app, or social media Loitering near, watching, approaching or entering a place where a person lives, works or visits Monitoring, tracking or surveilling a person's movements or activities without consent — including using tracking devices, drones, checking a person's phone records or browser history, or monitoring their social media accounts Leaving or publishing offensive material where it will be found by the person — including on websites and social media platforms Humiliating, abusive, or intimidating acts against a person, whether or not involving violence Acts of violence or threats of violence against the person or their property The conduct must cause — or would cause — the person apprehension or fear of violence, or must cause them detriment. Detriment includes serious mental or psychological harm, and being prevented from doing something the person is entitled to do. The 2023 amendments to this section explicitly extended it to cover digital and online stalking — tracking apps, GPS monitoring, reading a partner's messages, and publishing personal information online. The key mental element is that the conduct must be intentionally directed at the person. The prosecution does not need to prove the accused intended to cause fear, or that fear was actually caused. Penalties and the Domestic Relationship Tier The base offence under s 359E of the Criminal Code Act 1899 (Qld) carries a maximum of 5 years imprisonment. The majority of stalking charges are dealt with in the Magistrates Court, where the sentencing cap is 3 years. Two circumstances raise the maximum to 7 years: where the stalking involved use or threatened use of violence, possession of a weapon, or contravention of a court order — and where a domestic relationship exists between the accused and the person stalked. The domestic relationship tier was introduced by the 2023 coercive control amendments and now applies to all stalking charges arising in current or former intimate partner, family, or informal care relationships. Queensland Sentencing Council data shows around 31% of adults sentenced for stalking as their most serious offence receive actual imprisonment, with a median term of around 14 months. The picture is significantly worse for DV-classified matters — 43% of DV stalking matters in the Magistrates Court result in actual imprisonment, compared to 17.5% for non-DV matters. That distinction is the most important sentencing factor in any stalking charge. The Restraining Order Power Section 359F of the Criminal Code Act 1899 (Qld) gives any court hearing a stalking charge the power to impose a restraining order at any time, including after an acquittal or after the prosecution ends without a conviction. The proceeding is civil — the standard of proof is on the balance of probabilities, not beyond reasonable doubt. The order runs for up to 5 years. Breaching it carries up to 3 years imprisonment, rising to 5 years where the person has a prior domestic violence conviction within the preceding 5 years. The restraining order is not the same as a domestic violence protection order under the Domestic and Family Violence Protection Act 2012 , though both may operate concurrently. Sacha will address the restraining order question in every stalking matter, because the outcome on the criminal charge does not determine whether a restraining order is imposed. What Changes the Outcome Whether the domestic relationship tier applies. The 7-year maximum and the s 9(10A) mandatory aggravation both apply where the charge involves a domestic relationship. Whether that relationship falls within the statutory definition, and what evidence is relied on to establish it, are questions that go directly to the sentencing range. The nature and extent of the conduct alleged. A single protracted incident is treated differently to a prolonged pattern of conduct over months. The volume and character of the alleged contact, and the period over which it occurred, directly affect the sentencing outcome. Whether a defence under s 359D is available. Conduct done in the execution of lawful business, to obtain information the person has a legitimate interest in, or in connection with a genuine public dispute is excluded from the offence. Where any of those exclusions are arguable on the facts, they are raised. Whether the apprehension or detriment element is properly established. The prosecution must prove the conduct would cause a reasonable person in the circumstances to apprehend violence, or that it caused genuine detriment. Where the evidence falls short of that threshold, the charge should be contested. Bail conditions and compliance. Strict compliance with any no-contact bail conditions from the date of charge significantly affects both bail outcomes and, ultimately, sentencing. Prior history. A first offence in a non-DV context, properly prepared with character evidence and genuine explanation, carries materially better prospects than a matter involving a pattern of repeated conduct or a prior DV history. What Sacha Focuses On The conduct alleged in a stalking charge often spans a period of weeks or months, and the prosecution brief can be extensive — call records, social media evidence, location data, messages. Sacha will read the full brief before any advice is given about an outcome. Where the evidence does not actually establish every element — including whether the conduct would cause a reasonable person apprehension in all the circumstances — that is identified before any plea is entered. For DV-classified matters, the consequences of the mandatory aggravating factor and the s 12A criminal history entry — which applies even where no conviction is formally recorded — are explained clearly at the first consultation. The restraining order question is addressed separately from the criminal charge, because those proceedings run on a different standard and can produce an order regardless of how the criminal matter resolves. For plea matters, sentencing preparation is built around the specific circumstances of the conduct, the relationship between the parties, any steps taken since the incident, and the personal circumstances of the client. The difference between a suspended sentence and actual imprisonment in a stalking matter depends on that preparation.
FREQUENTLY ASKED QUESTIONS
Does the other person have to be afraid for it to be stalking? No. Under s 359C of the Criminal Code Act 1899 (Qld), it is immaterial whether the person was actually frightened. It is enough that the conduct would cause a reasonable person in those circumstances to apprehend violence or to suffer detriment. The prosecution does not need to prove the person was actually afraid. I was just trying to contact my ex — can that be stalking It can, depending on the pattern, frequency, and nature of the contact. Repeated unwanted contact — by any means, including phone, text, email, or social media — can satisfy the conduct elements of s 359B. Whether it rises to the level required by the offence depends on all the circumstances. Sacha will assess that question from the full brief. What happens to a restraining order if I'm found not guilty? It can still be imposed. Under s 359F, the court has power to make a restraining order whether the accused is found guilty, not guilty, or the prosecution ends in another way. The restraining order proceeding is civil, not criminal. A not-guilty finding on the criminal charge does not prevent a 5-year restraining order from being made. My charge is flagged as a domestic violence offence — what does that mean for sentencing The domestic relationship between the parties raises the maximum penalty to 7 years under s 359E and triggers the mandatory aggravating factor under s 9(10A) of the Penalties and Sentences Act 1992 (Qld). Sentencing data shows the rate of actual imprisonment for DV-classified stalking matters is roughly two and a half times higher than for non-DV matters. Does tracking someone on their phone count as stalking? Yes. Section 359B explicitly covers monitoring a person's movements or activities using technology without their consent — including GPS tracking apps, checking phone records or browser history, and monitoring social media accounts. These were expressly addressed in the 2023 amendments.