Stalking & Harassment Lawyer Ballarat

Stalking is one of the most serious offences heard regularly in the Magistrates’ Court, carrying a maximum penalty of 10 years’ imprisonment — and Victoria’s stalking laws were significantly reformed in 2026. If you have been charged with stalking, or police want to speak to you about a stalking allegation, McMahon Criminal Defence Lawyers can advise and represent you. We appear at the Ballarat Magistrates’ Court, directly opposite our office, and at courts across Victoria, with fixed-fee pricing so you know the full cost upfront.

Stalking Offences in Victoria: Section 21A of the Crimes Act

Stalking is an offence under section 21A of the Crimes Act 1958 (Vic). At its core, the offence requires a course of conduct — a pattern of behaviour directed at another person, rather than a single isolated incident — together with a particular state of mind on the part of the accused, discussed below.

The conduct that can form part of a course of conduct is broad, and includes:

• following the other person, or keeping them under surveillance;
• contacting them by phone, text, email, social media or any other means;
• publishing material about the person, or impersonating them online;
• loitering near, or entering, their home, workplace or other places they frequent;
• interfering with their property, or giving them offensive material;
• making threats against the person; and
• following reforms in 2026, harming or threatening to harm an animal in circumstances where the victim sees, or will discover, the harm or threat.

Because the categories of conduct are so broad, behaviour that the accused regards as innocent — persistent attempts to contact a former partner, repeated messages, turning up at someone’s workplace — can form the basis of a stalking charge if the other elements are made out.

The 2026 Reforms to Victoria’s Stalking Laws

Following the Victorian Law Reform Commission’s landmark review of stalking, the Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Act 2026 restructured the stalking offence to make it clearer and easier to apply. The key changes are:

• the “course of conduct” element has been clarified in the legislation to reflect established case law principles;
• the offence is now expressly structured around three forms of fault — intentional, reckless and “objective fault” stalking — aligning the recklessness language with other Victorian offences against the person;
• harm or threats of harm to animals are expressly recognised as conduct capable of forming part of stalking; and
• protections for certain witnesses in stalking proceedings have been extended, including the use of pre-recorded evidence and remote evidence for children and people with a cognitive impairment.

The maximum penalty was not changed by these reforms. For anyone facing a charge, the practical significance is that the prosecution’s pathway to proving the mental element is now more clearly defined — which makes precise legal analysis of the charge sheet and the alleged conduct more important, not less.

What the Prosecution Must Prove

To convict a person of stalking, the prosecution must prove beyond reasonable doubt:

• a course of conduct — a pattern of behaviour of the kind described above, directed at the victim;
• that the accused either intended to cause physical or mental harm to the victim (including self-harm) or to arouse apprehension or fear for their own safety or that of another person; or was reckless as to that result; or, in the objective form of the offence, ought to have understood that the conduct would be likely to cause such harm or fear, and it actually did so.

The objective form matters: a person can be guilty of stalking even where they insist they meant no harm, if a reasonable person in their position would have understood the likely effect of the conduct. This is one of the most commonly misunderstood aspects of the offence, and it is where careful defence analysis often makes the difference.

Penalties and Which Court Hears Stalking Charges

Stalking carries a maximum penalty of 10 years’ imprisonment. It is an indictable offence that is usually heard and determined summarily in the Magistrates’ Court, with the most serious examples proceeding to the County Court. Sentencing outcomes range widely — from findings of guilt without conviction and community correction orders through to imprisonment — depending on the nature and persistence of the conduct, its impact, and the offender’s circumstances. The court may also be asked to make ancillary orders, and a stalking finding can affect firearms licences and employment, particularly in roles requiring police checks.

Stalking, Intervention Orders and Harassment

People often search for a “harassment” charge, but in Victoria there is no general criminal offence of harassment — the criminal charge is stalking. Harassing behaviour that does not amount to stalking is typically dealt with through the civil intervention order system:

• a Personal Safety Intervention Order (PSIO) where there is no family relationship between the parties; or
• a Family Violence Intervention Order (FVIO) where the parties are family members, including former partners.

Stalking allegations and intervention orders frequently travel together: it is common to face a criminal stalking charge and an intervention order application arising from the same alleged conduct. The two proceedings have different standards of proof and different consequences, and what is said in one can affect the other — which is why they should be handled by the same lawyer with a coherent strategy. Breaching an intervention order is itself a criminal offence, separate from any stalking charge. We act in both intervention order matters and family violence matters alongside related criminal charges.

Cyberstalking and Online Conduct

Section 21A expressly extends to online conduct — messages, social media contact, publishing material about a person, impersonation and electronic surveillance. In addition, online conduct can attract the separate Commonwealth offence of using a carriage service to menace, harass or cause offence under the Criminal Code (Cth), which is frequently charged alongside or instead of stalking where the alleged conduct occurred by phone or internet. Which charge is laid materially affects the elements, the available defences and the sentencing range, and is one of the first things we analyse.

Defending a Stalking Charge

Every matter turns on its facts, but defences and defence strategies commonly include:

• No course of conduct — the alleged behaviour was isolated, innocent in character, or does not amount to the pattern the offence requires;
• Absence of the required fault — the accused neither intended nor was reckless as to causing harm or fear, and a reasonable person would not have understood the conduct to be likely to do so;
• Lawful purpose — conduct performed in the course of official duties or for other lawful purposes recognised by the Act;
• Factual dispute — the allegations are false, exaggerated, or attribute someone else’s conduct to the accused, which arises with some frequency in online cases; and
• Negotiation — in appropriate cases, charges can be resolved through negotiation with the prosecution, including withdrawal, substitution of a lesser charge, or resolution of the criminal matter alongside an undertaking in related intervention order proceedings.

What To Do If You Are Charged or Contacted by Police

Stalking allegations are often heavily document-based — messages, call records, social media histories — and what you say to police early can shape the whole case. Before participating in any police interview, get legal advice. If you have been charged, your matter will usually begin with a mention hearing in the Magistrates’ Court; if you have been arrested and bail is in issue, see our guide to bail in Victoria, noting that the bail tests were tightened in 2025. We offer fixed fees and a free initial consultation, so you can get clear advice before making any decisions.

Frequently Asked Questions

What does the prosecution have to prove for a stalking charge?

The prosecution must prove a course of conduct directed at the victim, together with one of three forms of fault: that you intended to cause physical or mental harm or to arouse fear or apprehension; that you were reckless as to that result; or that you ought to have understood the conduct would likely cause such harm or fear and it in fact did. Following the 2026 reforms, these three pathways are expressly set out in the restructured offence.

Can I be charged with stalking for sending too many messages?

Yes. Repeated unwanted contact — phone calls, texts, emails or social media messages — can form a course of conduct amounting to stalking if the fault element is also made out. Online conduct can also attract the separate Commonwealth offence of using a carriage service to menace or harass.

What is the difference between stalking and harassment in Victoria?

Victoria has no general criminal offence called harassment; the criminal charge is stalking under section 21A of the Crimes Act 1958. Harassing behaviour that falls short of stalking is usually addressed through the civil intervention order system — a Personal Safety Intervention Order between non-family parties, or a Family Violence Intervention Order between family members.

What are the penalties for stalking in Victoria?

The maximum penalty is 10 years’ imprisonment. Outcomes in practice range from a finding of guilt without conviction or a community correction order through to imprisonment, depending on the seriousness and persistence of the conduct, its impact on the victim, and your circumstances and history.

I have been charged with stalking and served with an intervention order. How do they interact?

They are separate proceedings — the stalking charge is criminal, the intervention order is civil — but they often arise from the same alleged conduct, and evidence or concessions in one can affect the other. They should be handled together under a single, coherent strategy. Breaching an intervention order is a further criminal offence in its own right.

Did Victoria’s stalking laws change recently?

Yes. The Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Act 2026 restructured the stalking offence around intentional, reckless and objective-fault forms, clarified the course of conduct element in line with case law, and expressly recognised harm or threats to animals as potential stalking conduct. The maximum penalty did not change.

Should I take part in a police interview about a stalking allegation?

Not before getting legal advice. Stalking cases are usually built on records — messages, call logs, social media — and what you say in an interview can significantly shape the case. You generally have a right to silence, and a lawyer can advise whether an interview is in your interests before you decide.

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