Stalking Lawyer Melbourne
Stalking is a serious criminal offence in Victoria governed by section 21A of the Crimes Act 1958. It involves repeated behaviour intended to cause physical or mental harm, including fear or distress, to another person. Section 21A(2) provides a non-exhaustive list of conduct that may amout to stalking.
If you have been charged with stalking, it is important to seek legal advice immediately. Convictions can carry significant penalties and long-term consequences.
What Is Stalking?
Under section 21A, a person commits stalking if they engage in a course of conduct directed at another person with the intention of causing:
- Physical or mental harm
- Apprehension or fear
- Serious distress
A “course of conduct” generally means two or more separate occasions of behaviour.
Examples of Stalking Behaviour
Under the Victoria Police guidelines for stalking Stalking can include a wide range of actions, such as:
- makes repeated and unwanted phone calls
- sends repeated or unwanted messages or emails
- sends you unwanted or strange gifts, letters, notes or cards
- hangs around outside, or enters your home, workplace or places you go without a valid reason
- follows or tracks your movements
- tries to get access to your social media accounts
- sets up fake accounts pretending to be you
- damages your property
- threatens you, or your friends, family, or pets
- spreads rumours about you online or to your friends, family or colleagues.
Importantly, stalking can occur both in person and online, including via social media or digital communication.
Penalties for Stalking in Victoria
Stalking is an indictable offence. The maximum penalty is:
- Up to 10 years imprisonment
The court will consider several factors when determining sentence, including:
- The nature and persistence of the conduct
- Whether threats or violence were involved
- The impact on the victim
- Prior criminal history
In less serious cases, the matter may be heard summarily in the Magistrates’ Court.
Possible Defences to Stalking Charges
Being charged does not mean you will be convicted. Common legal defences include:
- Lack of intent – No intention to cause harm or fear
- No course of conduct – Isolated incident rather than repeated behaviour
- Mistaken identity
- Lawful purpose – Actions were reasonable in the circumstances
A Melbourne stalking lawyer can assess the evidence and determine the most appropriate strategy.
Why You Need a Criminal Defence Lawyer
Stalking allegations are often complex and can involve:
- Digital evidence (texts, emails, social media)
- Conflicting witness accounts
- Intervention orders
An experienced lawyer can:
- Analyse the prosecution case
- Challenge weak or circumstantial evidence
- Negotiate with prosecutors
- Represent you in court
Early legal advice can significantly improve your outcome.
Frequently Asked Questions (FAQ)
What must police prove for stalking?
Police must prove that you engaged in a course of conduct and intended to cause harm, fear, or distress.
Can stalking be based on online behaviour?
Yes. Repeated messages, emails, or social media activity can amount to stalking under section 21A.
Is stalking a serious offence?
Yes. It carries a maximum penalty of 10 years imprisonment and can result in a criminal record.
Will I go to jail for stalking?
Not always. The outcome depends on the seriousness of the conduct, your history, and the circumstances of the case.
Can stalking charges be withdrawn?
In some cases, charges may be withdrawn if there is insufficient evidence or after negotiations with the prosecution.
Speak to a Melbourne Stalking Lawyer
If you have been charged with stalking in Victoria, getting the right advice early can make a significant difference.
Contact Criminal Law Advice today for confidential, expert legal advice and representation from an experience Stalking lawyer in Melbourne.
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