Author: Jon Ross
Practice area: assault & violence offences
Jon is a Senior Associate at Doogue + George with over 20 years of exclusive criminal defence experience, including serious violent crime and gang-related matters across London's Magistrates' and Crown Courts. His depth of experience in this area means clients receive accurate, considered advice.
View full profile →Jon authored this content and last revised it for accuracy on 7 August 2026.
A Stalking Charge Doesn’t Have To Define Your Future. Our Specialist Defence Lawyers Are Here To Help.
Stalking is a complex and widely misunderstood offence. It can involve anything from repeated messages to physical following, and you don’t have to threaten someone to be charged.
If you’re under investigation or have been charged, getting clear, experienced legal advice early on can make all the difference to the outcome.
What is the offence of Stalking?
Stalking is an offence under section 21A of the Crimes Act 1958 (Vic). It involves engaging in a course of conduct directed at another person that results in fear, distress, or harassment. The law applies to patterns of behaviour rather than a single isolated act.
Key points
- Prosecution must prove a course of conduct directed at a person that caused fear, distress, or harassment.
- Conduct can include repeated unwanted contact, surveillance, attending locations, leaving items, or interfering with property.
- Usual court level: Magistrates’ Court of Victoria and higher courts, depending on seriousness.
The maximum penalty for Stalking is 10 years’ imprisonment.
Common defences may include Allegations being misinterpreted, exaggerated, or fabricated; or the evidence being weak or not meeting the legal threshold.
Types of Stalking Offences We Handle
Digital stalking
Repeated messaging, emails, or social media contact that causes fear or distress.
Stalking with an intervention order in place
Breaching conditions of an existing IVO or contacting someone indirectly.
Surveillance or monitoring
Following someone, showing up at known locations, or using devices to track movements.
Stalking in a workplace or professional setting
Targeted behaviour that causes fear or intimidation at work, often between colleagues or employees and clients.
Stalking after a breakup
Ongoing contact or attempts to reconnect after a relationship has ended, even without threats.
False accusations of stalking
Where behaviour has been misinterpreted, exaggerated, or fabricated, especially in emotionally charged contexts like family disputes.
What to Do If You’re Charged With Stalking
If you’ve been charged with stalking, or even think you might be, taking the right steps early can make a huge difference to the outcome. Here’s what you should do:
1. Don’t speak to police without legal advice
It’s natural to want to explain yourself. But anything you say can be used against you. You have the right to remain silent. Always speak to a lawyer first.
2. Contact a criminal defence lawyer immediately
Stalking charges can escalate quickly, especially if intervention orders or bail conditions are involved. A lawyer can help you understand your rights and take control of the situation.
3. Gather any relevant documents or evidence
This might include call logs, messages, emails, social media posts, or CCTV footage. Save everything, but don’t contact the complainant or try to “explain things” directly. It could worsen your case.
4. Understand the possible penalties and your legal options
Stalking is a serious charge with a maximum penalty of 10 years in prison. But there may be strong defences or alternatives to a conviction, including diversion, lesser charges, or having the case withdrawn.
Don’t take risks with your future. Get advice from a specialist criminal defence team that knows how to fight stalking charges and protect your record.
Why Choose Doogue + George for Stalking Defence
Stalking charges can be complex, emotional, and deeply personal. You need a legal team that understands the law and the real-world impact these cases can have on your life.
Here’s why people choose us:
47,000+ criminal cases defended
We’ve seen it all and we know how to get results. Our experience means we can move quickly and build the right defence for your case.
Law Institute of Victoria–Accredited Criminal Law Specialists
Only a small number of lawyers hold this specialist title. It means you’re working with recognised experts in criminal law.
In-depth local knowledge
Our lawyers appear daily in courts across Victoria. We understand how local magistrates, prosecutors, and police approach stalking charges, and we use that insight to your advantage.
Nationally recognised
Consistently ranked in Doyle’s Guide and active members of the Australian Defence Lawyers Alliance (ADLA), we’re respected by peers and trusted by clients across the country.
Penalties for Stalking in Victoria
Stalking is treated as a serious indictable offence under Victorian law. If you’re found guilty, the court has a wide range of sentencing options depending on the details of your case.
Possible penalties include:
- Up to 10 years in prison
This is the maximum penalty under Section 21A of the Crimes Act 1958 (Vic). - A criminal conviction
A stalking conviction can affect employment, travel, and professional registration. - Community Correction Order (CCO)
The court may impose a CCO with conditions like unpaid work or mandatory treatment. - Good behaviour bond or fine
For less serious cases or first-time offences, a bond or fine may be considered. - Diversion (no conviction)
In some cases, especially for first-time offenders, the charge may be diverted, meaning no conviction is recorded if conditions are met.
Important: Not all stalking cases lead to gaol. Sentencing depends on the facts, your history, the alleged conduct, and your legal defence. A strong strategy can significantly reduce the severity of the outcome.
Sentencing
Sentencing Outcomes in the Higher Courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Crimes Act 1958 (Vic) s 21A — 76 charges across 23 cases, higher courts, 1 July 2019 – 30 June 2024.
| Sentencing outcome | % |
|---|---|
| Imprisonment | 86.8% |
| Community Correction Order | 10.5% |
| Fine | 1.3% |
| Other | 1.3% |
These figures indicate that there is a very strong likelihood of imprisonment when stalking is dealt with in the higher courts. The distribution reflects the seriousness with which courts treat conduct involving persistent harassment or intimidation. However, the final sentence will depend on the specific circumstances of the case, including the nature of the behaviour, the impact on the victim and the offender’s personal background.
Sentencing Outcomes in the Magistrates’ Court of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Crimes Act 1958 (Vic) s 21A — 2,102 charges across 1,749 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Sentencing outcome | % |
|---|---|
| Imprisonment | 44.9% |
| Community Correction Order | 24.6% |
| Adjourned Undertaking | 16.7% |
| Fine | 13.2% |
| Other | 0.4% |
| Discharge/Dismissal | 0.2% |
These figures indicate that imprisonment is a real possibility for this offence, but courts also frequently impose community-based penalties depending on the seriousness of the conduct and the offender’s individual circumstances.
FAQ About Stalking
Can stalking charges be withdrawn in Victoria?
What is considered digital stalking under Victorian law?
How can stalking allegations arise after a relationship ends?
What happens if stalking is alleged while an intervention order is in place?
What steps should someone take if accused of stalking?
Can a stalking conviction affect employment or travel opportunities?
Possible Legal Defences
The key to defending a stalking charge is understanding what the prosecution must prove, and where the case may fall short.
Our team carefully examines the evidence, intent, and context behind each allegation to build a defence that gives you the strongest chance of avoiding conviction.
Below are some of the most common legal defences we explore in stalking cases:
You didn’t intend to cause fear or harm
Stalking charges require proof that your actions were meant to cause mental or emotional harm. If there was no intent, the charge may not be made out.
Your behaviour wasn’t unreasonable or repeated
One-off incidents, or behaviour that doesn’t meet the legal definition of stalking, may not be enough to support a charge.
You were wrongly identified or falsely accused
In some cases, especially those involving online activity or former relationships, the wrong person can be accused or the facts exaggerated.
The conduct was misinterpreted
You may have been trying to resolve a misunderstanding or communicate for legitimate reasons (such as shared parenting). Context matters, and we make sure it’s heard.
You’re eligible for diversion or non-conviction outcomes
For first-time offenders or lower-level allegations, we may be able to negotiate a diversion program or non-conviction sentence, helping you avoid a criminal record altogether.
Recent Case Studies
Stalking, Make Threat to Inflict Serious Injury, etc. – Diversion
Make a False Bomb Threat – Diversion
Use Carriage Service to Menace and Threats to Inflict Serious Injury – Diversion
Meet Our Stalking Offence Lawyers
Find a Stalking Defence Lawyer Near You
Facing a stalking charge is stressful, but help is close by. Our team of experienced criminal defence lawyers is available across Melbourne and in Sydney, ready to guide you through the legal process and fight for the best possible outcome.
Find us at:
Get Legal Help Today
Being charged with stalking doesn’t mean you’ll be found guilty, and you don’t have to go through this alone. The sooner you speak to a specialist, the more options you’ll have to protect your future.
Our lawyers will listen, explain your rights, and guide you through the next steps with clarity and discretion.
Speak to a Lawyer Now
FAQs About Stalking Charges in Victoria
Can I go to gaol for stalking in Victoria?
Can I go to gaol for stalking in Victoria?
Yes, stalking is a serious offence with a maximum penalty of 10 years in prison. The outcome depends on the evidence, your history, and the defence strategy.
What counts as stalking under Victorian law?
What counts as stalking under Victorian law?
Stalking includes repeated behaviour that causes someone to feel fear or distress, such as sending unwanted messages, following them, or showing up uninvited. It doesn’t have to involve threats or physical harm.
Do I need a lawyer if it’s my first offence?
Do I need a lawyer if it’s my first offence?
Yes. Even first-time offenders can face serious penalties. A lawyer can help you understand your options, protect your record, and push for outcomes like diversion or a non-conviction sentence.
Can stalking charges be dropped?
Can stalking charges be dropped?
They can. If the evidence is weak, misleading, or doesn’t meet the legal threshold, we may be able to negotiate withdrawal of the charges, especially with early intervention.
Will a stalking charge affect my job or travel plans?
Will a stalking charge affect my job or travel plans?
A conviction can affect professional licences, background checks, and visa applications. Even if you’re not convicted, just being charged can raise concerns. That’s why early legal advice is essential.
What if the complaint came from someone I know, like a partner or colleague?
What if the complaint came from someone I know, like a partner or colleague?
Many stalking charges involve people who know each other. We look closely at the history, the context, and whether the behaviour was misunderstood or misrepresented.
