Stalking in Queensland is more common than many realise. It can happen to anyone, often starting subtly before becoming a serious threat.
It’s not just about someone lurking in the shadows. Stalking includes repeated, unwanted contact or behaviour that causes fear, stress, or harm, both online and in real life. From constant messages to being followed, these actions can deeply impact a person’s mental and emotional safety.
That’s why understanding what legally counts as stalking is crucial, not only for your protection but also to ensure the law is on your side when things escalate.
In this guide, we’ll break down exactly what stalking means in Queensland, how the law treats it, and what practical steps you can take if it happens to you.
Need trusted family lawyers in Queensland who understand the seriousness of stalking and domestic violence? Reach out to VM Family Law today at 07 3447 8966 for clear legal guidance and dedicated support tailored to your situation.
What is Stalking?
In Queensland, stalking is defined as a criminal offence under Section 359B of the Criminal Code Act 1899 (Qld). It involves a course of conduct – meaning more than one act – directed at a person that causes fear, emotional distress, or apprehension of harm.
The behaviour must be intentional, and it can include a broad range of actions that may not seem threatening in isolation but become serious due to repetition. This definition recognises the psychological harm caused by stalking and aims to protect individuals from ongoing fear or harassment.
Examples of Stalking Behaviours (Online and Offline)
It often starts with small, seemingly harmless actions.
But when these actions become repetitive and unwanted, they cross a dangerous line.
Offline Examples:
- Following someone from place to place
- Watching or loitering near a person’s home, work, or school
- Leaving unwanted gifts, notes, or items
- Repeatedly driving by someone’s house or workplace
- Damaging or interfering with property
Online Examples:
- Sending repeated unwanted messages or emails
- Using fake accounts to monitor someone’s activity
- Posting threatening or private information online
- Installing tracking apps or spyware on a person’s digital device
- Image-based abuse such as sharing or threatening to share explicit content
Difference Between Stalking and Harassment
While stalking and harassment both involve unwanted behaviour, the key difference lies in the impact and repetition. Stalking is defined by a pattern of conduct that creates fear or distress in the victim, often escalating over time.
Harassment, on the other hand, may involve annoying or intrusive actions that don’t necessarily cause fear or emotional harm. Under Queensland law, stalking is treated more seriously because it implies an ongoing, deliberate invasion of safety and privacy.
Key Elements to Prove Stalking
Proving stalking in Queensland isn’t just about how someone feels, it’s about what the law can show. Certain legal elements must be established in court for the charge to stick.
To prove stalking under Queensland law, the following elements must be shown:
- A course of conduct: More than one act must have occurred. A single incident isn’t enough.
- Intentional conduct: The accused must have knowingly directed the behaviour at the victim.
- Unwanted and repeated: The actions must be unwelcome and happen on more than one occasion.
- Caused apprehension or fear: The conduct must reasonably cause the victim to fear physical harm, emotional distress, or feel harassed.
- No lawful excuse: The accused must not have a valid legal reason for their actions.
If you’re facing stalking or family violence, you don’t have to go through it alone. Our family lawyers in Queensland are here to provide clear legal direction and genuine support. Reach out to VM Family Law today at 07 3447 8966 and take the first step toward protecting your rights and peace of mind.
How to Report Stalking in Queensland
Speaking up about stalking can feel overwhelming, but taking action early can make all the difference. Here’s how you can report stalking in Queensland and start protecting yourself legally.
- Call 000 in an emergency
If you feel in immediate danger, call emergency services right away. Your safety is the top priority. - Report to your local police station
Visit or contact your nearest Queensland Police Service station to make a formal report. Be clear, factual, and include all known details. - Use the online reporting tool
For non-urgent situations—especially cyberstalking—you can submit a report online through the Queensland Police Online Report Form. - Prepare and submit evidence
Provide screenshots, emails, photos, or messages. Keep a log of times, dates, and the type of behaviour you’ve experienced. - Request a police report number
This reference number helps you follow up and is useful if applying for a protection order or when seeking legal assistance. - Ask about anonymous reporting options
If you don’t want to be identified, you can contact Crime Stoppers Queensland anonymously at 1800 333 000. - Speak to DV Connect or Legal Aid Queensland
These organisations can assist you with domestic violence reports, emotional support, and access to legal services.
What Are the Penalties for Stalking in Queensland?
The consequences for stalking in Queensland are serious and reflect how harmful this behaviour can be. The law imposes tough penalties, especially when there are threats or violence involved.
- Base offence: Up to 5 years imprisonment for unlawful stalking under Section 359E of the Criminal Code Act 1899 (Qld).
- With aggravating circumstances (e.g. threats of violence, use of weapons, stalking a child or vulnerable person, or stalking in breach of a Domestic Violence Order):
Penalty increases to a maximum of 7 years imprisonment. - Use of violence or serious threats: Can lead to even higher penalties under associated criminal offences like assault, sexual harassment, or threats of harm.
- Breach of a DVO while stalking: Treated as an additional offence and may lead to separate charges and longer jail time.
- Criminal record: A stalking conviction results in a permanent criminal record, which can affect employment, travel, and custody matters.
- Life imprisonment: While rare, in extreme stalking cases involving coercive control, sexual abuse, or attempted murder, the charge can escalate to a more serious indictable offence carrying life imprisonment.
Can You Get a Protection Order for Stalking?
Yes, if you’re experiencing stalking in Queensland, you can apply for a Domestic Violence Order (DVO) to legally restrict the stalker’s actions. A DVO is a court order that aims to protect individuals from domestic violence, which includes stalking, harassment, and threats.
You can apply through the Magistrates Court, with help from the police or a lawyer. In urgent cases, a Temporary Protection Order (TPO) may be issued quickly—often on the same day—to ensure your immediate safety while the full application is considered.
A DVO can include conditions such as no contact, staying away from certain places, or prohibiting digital communication. These orders are available not only to partners and family members but also to people in informal care relationships, former relationships, or any situation where stalking poses a threat.
The court will assess the type of behaviour, any previous reports, and whether there are reasonable grounds to fear further harm. Legal services like DV Connect, Legal Aid Queensland, and Community Legal Centres can assist with applications and court preparation.
How Can VM Family Law Help with a Stalking Case?
Stalking cases often overlap with family violence, emotional trauma, and legal confusion. Having the right legal team on your side can make all the difference.
Here’s how our Queensland family lawyers at VM Family Law can help:
- Specialised family lawyers with deep knowledge of Queensland’s domestic violence laws.
- Support with DVO applications and court appearances to help protect your safety and rights.
- Clear legal advice on what evidence to collect and how to build a strong case.
- Compassionate guidance through emotionally difficult situations like stalking within abusive relationships.
Need help now for a stalking or domestic violence case? Reach out to VM Family Law on 07 3447 8966 or visit vmfamilylaw.com.au to speak with a dedicated family lawyer in Queensland.
Frequently Asked Questions (FAQs)
What is Hannah’s Law in Qld?
Hannah’s Law refers to proposed legislative changes by the Queensland Government to better respond to coercive control and acts of violence in abusive relationships. It aims to provide stronger protections for victims and supports the use of Domestic Violence Protection Orders in high-risk situations.
What is the privacy law in Queensland?
Privacy laws in Queensland are governed by the Information Privacy Act 2009, which protects personal information from misuse, especially through digital technology or tracking devices. If someone unlawfully collects or shares your private details, legal action can be taken through Queensland Courts or complaints filed via an online form.
What is the most common punishment for stalking?
The maximum penalty for unlawful stalking is 5 years imprisonment, but this can increase to 7 years with aggravating factors such as threats or breach of a court order. However, in many cases, penalties can also include legal action, community service, or restraining orders depending on the circumstances of violence.
What is section 245 of the Queensland Criminal Code?
Section 245 deals with assault, including threats and other acts of violence, which are often tied to stalking in abusive relationships. A stalked person may be protected under this section if physical threats or harm were part of the conduct.
What is considered stalking in Queensland?
Stalking is defined by the Queensland Criminal Code as a pattern of behaviour that causes fear or emotional distress, including following, harassing, or using digital technology to track someone. It applies to a wide range of issues, including in-person threats and online abuse in both public and private settings.
What are the four categories of stalking?
The main types of stalking include intimacy-seeking, resentful, predatory, and incompetent stalking. Each category differs in motivation, but all can involve tracking devices, constant messaging, or appearing uninvited—leading to distress and often requiring legal advice or intervention from the Queensland Law Society.
What to do if someone is stalking you?
Take immediate safety steps, keep evidence, and seek legal advice from professionals like those at Queensland Law Society or Community Legal Centres. You can also apply for a Domestic Violence Protection Order and report the situation using a police online form or through direct legal assistance.
What are the new stalking laws in Australia?
New laws aim to address online abuse, image-based abuse, and stalking involving digital technology across state lines. These updates give Queensland Courts greater authority to issue Domestic Violence Protection Orders and respond faster to public disputes and stalking within abusive relationships.
Final Thoughts
No one should have to live in fear or feel unsafe because of someone else’s actions. Whether you’re dealing with stalking, online abuse, or behaviour that just doesn’t feel right, knowing your rights and what support is out there can make all the difference.
The law in Queensland is on your side, and there are real steps you can take to protect yourself. If you need support or are ready to take legal action, our family lawyers in Ipswich & Greater Springfield are here to help—serving wider Queensland with empathy, experience, and straightforward advice.
Reach out to VM Family Law at 07 3447 8966 or visit vmfamilylaw.com.au to speak with someone who genuinely cares.
