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 “lurking in the shadows”. Stalking includes repeated, unwanted contact or behaviour—online or offline—that causes fear, stress or other detriment.
Understanding what legally counts as stalking is crucial, both for your protection and so you can use the right legal pathways when things escalate.
Please note: This is general information only and not legal advice — please contact VM Family Law for tailored advice. Our full contact details can be found here: www.vmfamilylaw.com.au/contact
What is Stalking in Queensland?
In Queensland, unlawful stalking is a criminal offence. In simple terms, it involves a course of conduct (more than one act, or a single protracted act) intentionally directed at a person that causes detriment, such as fear or apprehension, serious mental harm, or deterring the person from doing something they are lawfully entitled to do. The law recognises that repeated or sustained behaviour—each act perhaps minor on its own—can amount to serious harm when viewed as a pattern.
Examples of stalking behaviours
Offline
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Following someone or loitering near their home, work or school
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Repeatedly attending places the person is known to be
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Leaving unwanted gifts, notes or items
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Interfering with or damaging property
Online / technology-facilitated
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Repeated unwanted messages, emails or calls
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Monitoring social media with fake accounts or persistent tagging/contact
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Posting threatening content or sharing private information (“doxxing”)
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Using tracking devices, spyware or other surveillance technology
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Image-based abuse (including threats to share intimate images)
Stalking vs harassment
“Harassment” is often used in everyday language, but the criminal offence of unlawful stalking focuses on a pattern of conduct (or a single protracted act) that is intentionally directed at a person and causes detriment. Because it targets fear, safety and freedom from surveillance or interference, unlawful stalking is treated more seriously than isolated annoying or discourteous behaviour.
Key Elements the Police/Court Need to Prove
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Course of conduct: more than one act, or a single protracted act
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Intentionally directed at the person (not accidental)
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Unwanted/repeated: the person did not invite or consent to the contact
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Detriment: fear/apprehension, serious mental harm, or being deterred from lawful activity
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No lawful excuse for the behaviour
How to Report Stalking in Queensland
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Emergency
If you are in immediate danger, call 000. -
Report to police (non-urgent)
Contact or attend your local Queensland Police station. Provide a clear, factual summary. -
Keep evidence
Save messages, emails, screenshots and call logs; note dates/times/locations; keep any physical items (e.g., letters). -
Get a reference number
Ask for a police occurrence/report number for follow-up and to support any application for a protection order. -
Seek support
Services such as DVConnect, Legal Aid Queensland and Family Relationship Centres can provide information, safety planning and referrals.
What Are the Penalties?
Unlawful stalking is a serious indictable offence. The maximum penalty is imprisonment, with higher maximums where aggravating features are present (for example, where violence is used or threatened, or an order is contravened). Courts also consider related offences (e.g., assault, property damage, use of surveillance devices) where applicable. A conviction can lead to a criminal record affecting employment, travel and, in some cases, parenting matters.
(Exact maximums and circumstances of aggravation are set by the Criminal Code; police or a lawyer can explain how they apply to your facts.)
Can You Get a Protection Order for Stalking?
Yes—where the stalking occurs in a domestic or family relationship, you can seek a Domestic Violence Order (DVO) in the Magistrates Court. A DVO can include conditions such as:
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No contact (including digital contact)
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Not approaching your home, work or school
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Other tailored conditions to address risk (including conditions relating to children)
Temporary protection orders can be made quickly in urgent cases while the court considers a final order. Police may also take action on your behalf where there is an immediate risk. If the stalking is not within a domestic/family relationship, police can still investigate and prosecute the criminal offence of unlawful stalking; other civil order options may be available depending on circumstances.
Frequently Asked Questions (FAQs)
What is legally considered stalking in Australia?
Stalking is repeated, unwanted behaviour that causes fear or distress, such as following someone, repeated contact, surveillance, or threatening conduct. Under criminal law in Australia, stalking is an offence and can carry significant penalties.
Is stalking a criminal offence in Queensland?
Yes. In Queensland, stalking is a criminal offence under the Criminal Code Act 1899 (Qld). It includes intimidation, harassment, unlawful surveillance, and repeated unwanted contact.
What are the penalties for stalking?
Penalties vary but can include fines, probation, and imprisonment. In Queensland, stalking can carry a maximum penalty of up to 5 years’ imprisonment, or higher in aggravated cases.
What should I do if I think I’m being stalked?
Document all incidents, block contact where safe, and report the behaviour to police. You can also seek legal protection through a Domestic Violence Order (DVO) or Peace and Good Behaviour Order (PGBO).
What evidence is needed to prove stalking?
Evidence may include text messages, call logs, social media messages, videos, witness statements, CCTV footage, and records of repeated unwanted behaviour.
Can stalking occur online or through social media?
Yes. Cyberstalking is recognised under Australian law and includes repeated online harassment, threats, monitoring, and unwanted digital communication.
Can I get a protection order for stalking?
Yes. Victims of stalking can apply for a protection order such as a DVO or PGBO, depending on the relationship and circumstances. These orders legally prohibit further contact or harassment.
Official Information Sources
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Queensland Law Handbook – Stalking/unlawful stalking; domestic and family violence; court processes
https://queenslandlawhandbook.org.au/ -
Federal Circuit and Family Court of Australia – Parenting orders; family violence and safety considerations in family law matters
https://www.fcfcoa.gov.au/ -
Legal Aid Queensland – Domestic and family violence; technology-facilitated abuse; applying for protection orders; safety planning
https://www.legalaid.qld.gov.au/ -
Queensland Government (Families & Legal) – Domestic and family violence information; how to get help; protection orders; support services
https://www.qld.gov.au/families/legal -
Family Relationships Online – Family safety, dispute resolution and referral pathways
https://www.familyrelationships.gov.au/ -
Queensland Law Society – Find a solicitor; legal resources on domestic and family violence matters
https://www.qls.com.au/
