Stalking charges often grow out of a relationship ending, a dispute with a neighbour or messages sent online. Talk to Joseph Rahim about what is alleged before you respond to anyone.
Free, confidential first consultation. No obligation.
In Queensland the offence is called unlawful stalking, intimidation, harassment or abuse. It is in Chapter 33A of the Criminal Code Act 1899 (Qld).
Conduct intentionally directed at a person, on more than one occasion or on one occasion if it is protracted. It includes things like following, contacting someone (including by phone, message or online), monitoring or tracking them, publishing their personal information, or acting in an intimidating or abusive way.
The conduct must be of a kind that would cause the person reasonable fear of violence or damage to property, or it must cause them detriment.
You do not have to have meant to frighten anyone, and the other person does not have to have known about the conduct at the time. The question is what the conduct was and its effect.
Pick the one closest to your situation and a chat opens with it already said. No forms, and you can call instead at any time.
Every matter is different, but most follow this order.
You may be asked to take part in an interview. You have the right to remain silent, but you must give your name and address when asked. Get advice before you say anything else.
You are charged and given a court date, sometimes on bail with conditions. Read the conditions carefully; breaching them is an offence.
Charges usually start in the Magistrates Court. For people charged in or around Cairns, that is usually the Cairns Magistrates Court on Sheridan Street.
The matter is resolved by a plea of guilty, a hearing or trial, or the charge being withdrawn. More serious charges can be sent to a higher court.
Any further contact, even to explain or apologise, can be treated as more of the same conduct. It can also breach bail or an order.
Do not delete messages, posts or call logs. The full history often matters, and deleting it can look worse than what it shows.
The charge does not need repeated incidents. A single occasion can be enough if the conduct was protracted.
Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph
When you call Coral Coast Law, you speak with Joseph Rahim, and he handles your matter himself.
Yes. Contacting someone by phone, text, email or online can be part of the conduct, if the other requirements are met.
No. It does not matter whether you intended to cause fear or detriment. What matters is the conduct and its likely or actual effect.
Not always. One occasion can be enough if the conduct was protracted.
Yes. A domestic relationship is a circumstance of aggravation, and it also changes how bail is decided.
Yes. It is free, confidential and comes with no obligation.
Didn’t see your question? Ask it in chat.
The sooner you get advice, the more can be done. Tell Joseph what has happened and find out exactly where you stand, with no cost and no pressure.
0447 028 080This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.
