Stalking Lawyer
Cairns & Far North Queensland
If you have been charged with unlawful stalking, you are facing a serious criminal offence. The maximum penalty ranges from 5 years to 10 years' imprisonment depending on the circumstances — and if the charge involves a domestic relationship, the consequences increase significantly. The offence covers far more than physically following someone. Repeated unwanted messages, monitoring someone through apps or social media, online harassment, and any pattern of conduct that would make a reasonable person fear violence or suffer harm can all constitute stalking under Queensland law.
What Counts as Stalking
Stalking is defined in Chapter 33A of the Criminal Code . It is broader than most people expect. The prosecution does not need to prove that you followed someone — the offence captures any pattern of intentional conduct directed at a person that would cause fear or harm. For the charge to be made out, the prosecution must prove four things: The conduct was intentionally directed at a specific person It happened on more than one occasion , or on a single occasion where the conduct was protracted It consisted of one or more of the types of conduct listed in the legislation (see below) It would cause a reasonable person fear of violence , or it caused actual detriment to the person or someone else Every element must be proved beyond reasonable doubt. If the prosecution cannot establish any one of them, the charge should not stand. What conduct can be charged as stalking The legislation lists the types of behaviour that can constitute stalking. They include: Following, watching, or approaching a person Contacting a person by any means — phone calls, text messages, emails, apps, or social media Watching, approaching, or entering a place where a person lives, works, or visits Monitoring or tracking someone's movements, activities, or associations without consent — including through tracking devices, GPS apps, reading their messages, checking their browser history, or monitoring their social media Publishing offensive material online in a way the person will find Leaving or giving offensive material to a person Any intimidating, harassing, threatening, humiliating, or abusive act — whether or not it involves violence Any act of violence, or threat of violence, against anyone or anyone's property Many stalking charges in Cairns arise from repeated unwanted contact after a relationship breakdown — messages, phone calls, showing up at an ex-partner's home or workplace. Since August 2023, the legislation specifically addresses digital conduct: GPS tracking, app monitoring, and online harassment are expressly covered.
Penalties — What You Are Facing
The penalty depends on the circumstances of the offence. There are three tiers. 5 years — base offence Where there is no domestic relationship, no violence, no weapon, and no breach of a court order, the maximum penalty is 5 years' imprisonment. Most base stalking charges are dealt with in the Magistrates Court, where the sentencing cap is 3 years. 7 years — aggravated The maximum increases to 7 years in two situations: Any of the conduct involved violence or threats of violence , possession of a weapon , or breach of a court order A domestic relationship exists between you and the complainant — as a current or former partner, family member, or informal carer The domestic relationship tier was introduced in August 2023. It means that stalking in a domestic context is automatically treated more seriously, even where no violence is alleged. If your charge carries the DV classification, this tier applies to you. 10 years — law enforcement Where the stalking targets a law enforcement officer investigating a criminal organisation, the maximum is 10 years. What the sentencing data shows Queensland Sentencing Council data shows that approximately 43% of DV-classified stalking matters in the Magistrates Court result in actual imprisonment, compared to roughly 17.5% for non-DV matters.
What the Prosecution Does Not Need to Prove
The stalking laws remove several arguments that people commonly assume they can rely on. The complainant does not need to have been actually afraid. The test is objective — would a reasonable person, in the circumstances, have feared violence or suffered harm? The complainant does not need to give evidence that they were afraid. You do not need to have intended to cause fear. It does not matter whether you meant to scare the person. What matters is whether the conduct would have that effect on a reasonable person. Getting the wrong person is not a defence. If your conduct was intentionally directed at someone but you were mistaken about their identity, the offence is still made out. You do not need to have wanted the person to know about the conduct. Covert monitoring — reading messages, tracking movements — can constitute stalking even though the person was never meant to find out. These provisions mean that many of the arguments people assume they have — "I didn't mean any harm," "she wasn't really scared," "I thought it was someone else" — do not provide a defence at law. Sacha will tell you at the first consultation whether you have a real defence.
What Can Be a Defence
The legislation excludes certain conduct from the definition of stalking. These exclusions can form the basis of a defence depending on the facts of your case. Conduct is not stalking if it was done: In the execution of a law or for a purpose authorised by legislation For the purposes of a genuine industrial dispute For a genuine public interest issue — such as journalism or advocacy carried on in the public interest As reasonable conduct for your lawful trade, business, or occupation — such as a licensed investigator conducting lawful surveillance As reasonable conduct to obtain or give information that you have a legitimate interest in Beyond these statutory exclusions, the defence analysis focuses on: Was the conduct actually "intentionally directed" at the complainant? If the contact was incidental or coincidental, the first element fails. Was there really a pattern? The conduct must be protracted on one occasion or repeated across occasions. A single brief contact may not meet the threshold. Would a reasonable person actually fear violence or suffer detriment? The prosecution must establish this objectively, considering all the circumstances. If the nature and context of the conduct do not support that conclusion, the charge should be contested. Sacha identifies whether any of these arguments are available on your facts at the first consultation.
The Restraining Order — This Applies to Every Stalking Case
The court has the power to make a restraining order against you when your stalking charge is heard — regardless of the outcome. It applies whether you are found guilty, not guilty, or the prosecution drops the charge entirely. An acquittal does not prevent a restraining order from being made. This is because the restraining order proceeding is civil, not criminal . The standard of proof is the balance of probabilities — lower than the criminal standard. The court can find that the evidence does not prove the criminal charge beyond reasonable doubt, but still consider it desirable to impose a restraining order. What the order means in practice A restraining order takes effect immediately and lasts for up to 5 years by default A shorter period can only be ordered if the court is satisfied the safety of the protected person is not compromised The order can prohibit contact, restrict where you go, and impose other conditions tailored to the circumstances Breaching a restraining order is a criminal offence carrying a maximum of 120 penalty units or 3 years' imprisonment — or 240 penalty units or 5 years if you have a prior domestic violence conviction within the past 5 years A restraining order is separate from a DVO under the Domestic and Family Violence Protection Act 2012 . Both can operate at the same time. Sacha addresses the restraining order question as part of every stalking matter.
Common Scenarios
Post-separation contact This is the most common context for stalking charges in Cairns. After a relationship breaks down, repeated unwanted contact — messages, phone calls, showing up at the other person's home or workplace, monitoring their movements — leads to charges. Where a DVO is already in place, this conduct may also constitute a contravention of the order, meaning you could face two charges from the same behaviour. Online and technology-based stalking Monitoring an ex-partner's social media, reading their messages through a shared account, tracking their location through an app, checking their browser history, or posting personal information online. These matters often turn on digital forensic evidence — device logs, app data, and IP records — and the prosecution's ability to prove who was actually behind the screen. Workplace and neighbour disputes Escalating disputes with colleagues, neighbours, or business contacts can result in stalking charges when the conduct becomes a pattern of repeated, intentional behaviour. Non-DV stalking still carries a 5-year maximum, and the restraining order power still applies. Overlap with coercive control Since 26 May 2025, conduct previously charged as stalking in a domestic context may now be charged as coercive control — which carries a maximum of 14 years. Stalking is an alternative offence to coercive control, meaning a jury can convict of stalking even where the coercive control charge is not proved. If you are charged with coercive control, the stalking question is part of the picture.
What Changes the Outcome
The sentencing range for stalking is wide. The factors Sacha works with before your hearing determine where in that range your matter falls. Whether the DV classification applies. A domestic relationship raises the maximum to 7 years and triggers mandatory aggravating factors at sentencing. The nature, duration, and intensity of the conduct. A pattern spanning months with escalating frequency is treated more seriously than a brief period of unwanted contact. The volume and character of the behaviour directly affects the outcome. Whether violence or weapons were involved. Any use or threat of violence, or possession of a weapon, raises the maximum to 7 years and places the matter in a more serious category. Compliance with bail conditions. Strict compliance with no-contact conditions from the date of charge is one of the strongest mitigating factors. Any breach — even a single message — will be put before the court. Your history. A first offence with no DV history sits at the lower end of the range. Prior DV matters, protection order breaches, or similar offending push the outcome upward. Steps taken since the charge. Completing counselling, behavioural programs, and making concrete changes in conduct before the hearing are relevant to how the court assesses reoffending risk. The impact on the complainant. Victim impact statements describing psychological harm, disruption to daily life, or ongoing fear are placed before the court and affect the sentence.
Frequently Asked Questions
Does the other person have to be afraid for it to be stalking?
No. The test is objective — would a reasonable person in the circumstances have feared violence or suffered harm? The complainant does not need to give evidence that they were actually afraid. The prosecution proves this by showing what the conduct was and letting the court assess whether a reasonable person would have been affected.
Can I be charged with stalking for sending text messages?
Yes. The legislation specifically covers contacting a person by any means, including by phone, SMS, email, apps, or social media. Repeated unwanted messages can constitute stalking if they form part of a pattern of conduct that meets the other elements of the offence.
What is the maximum penalty for stalking in Queensland?
5 years for the base offence. This increases to 7 years where the conduct involved violence, a weapon, or breach of a court order — or where a domestic relationship exists between you and the complainant. Stalking of a law enforcement officer investigating a criminal organisation carries a maximum of 10 years.
Can a restraining order be made even if I am found not guilty?
Yes. The court can make a restraining order on the hearing of a stalking charge regardless of the criminal outcome — including after an acquittal. The restraining order proceeding is civil and decided on the balance of probabilities, which is a lower standard than the criminal charge. A restraining order lasts up to 5 years by default.
What is the difference between stalking and coercive control?
Stalking captures a pattern of conduct directed at a person that would cause fear or detriment. Coercive control is broader — it captures a course of domestic violence intended to coerce or control a partner, with a maximum of 14 years. Stalking is an alternative offence to coercive control, meaning a jury can convict of stalking if coercive control is not proved.
My charge is flagged as a DV offence — what does that mean?
It means a domestic relationship exists between you and the complainant. This raises the maximum penalty from 5 to 7 years and triggers mandatory aggravating factors at sentencing. Sentencing data shows the imprisonment rate for DV-classified stalking is roughly two and a half times higher than for non-DV matters. The imprisonment rate for DV-classified stalking is roughly two and a half times higher than for non-DV matters.