Stalking charges are taken very seriously in Victoria and can result in significant penalties including imprisonment. If you have been charged with stalking or threatening behaviour, McMahon Criminal Defence Lawyers can provide expert criminal defence representation.
Stalking Offences in Victoria
Stalking is defined in the Crimes Act 1958 as engaging in a course of conduct that causes physical or mental harm, or arouses apprehension or fear in the victim. This can include following, telephoning, sending messages, loitering near a person’s home or workplace, and many other forms of behaviour.
Penalties for Stalking
The maximum penalty for stalking in Victoria is 10 years imprisonment. It is an indictable offence heard in either the Magistrates Court or County Court, depending on the seriousness of the conduct.
Defending Stalking Charges
Defences include: the conduct did not amount to a course of conduct, the accused did not intend to cause harm or apprehension, or the allegations are false or exaggerated.
Frequently Asked Questions
Can I be charged with stalking for sending too many messages?
Yes. Repeated unwanted contact — including phone calls, texts, or social media messages — can form part of a course of conduct amounting to stalking.
What is the difference between stalking and harassment?
In Victoria the criminal charge is stalking and covers a broad range of conduct. Harassment may be dealt with through an intervention order depending on the circumstances.
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McMahon Criminal Defence Lawyers is located directly opposite the Ballarat Magistrates Court. Call us today for a confidential consultation.
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