Charged With Stalking in South Australia - What Happens Now?

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

Stalking charges in South Australia are serious criminal offences that can result in up to 3 years imprisonment, permanent criminal records, and immediate intervention orders. Under South Australia's Criminal Law Consolidation Act 1935, stalking involves following, watching, approaching or contacting another person when you know or ought to know this behaviour would cause fear. If you've been charged with stalking, you need experienced legal representation immediately - call 1300 636 846 now for urgent advice.

Do You Need a Lawyer?

Yes, absolutely. Stalking charges in South Australia carry mandatory criminal records, potential jail sentences, and often trigger immediate intervention orders that restrict where you can live, work, and travel. Without proper legal representation, you risk pleading guilty to charges that could be defended, accepting facts that aren't accurate, or agreeing to intervention order conditions that destroy your employment or housing situation.

A criminal lawyer can challenge the prosecution evidence, negotiate with police and prosecutors before charges are finalised, defend intervention order applications, and ensure any guilty plea is entered to the least serious charges possible. Going to court alone for stalking charges typically results in the worst possible outcome - maximum penalties and unnecessarily restrictive intervention orders.

The reality is that stalking cases often involve relationship breakdowns, workplace disputes, or misunderstandings that have escalated beyond what actually happened. An experienced lawyer understands how to present your version of events effectively and protect your future. Don't risk representing yourself - call 1300 636 846 immediately.

What Happens Next - The Process

Here's exactly what happens after stalking charges in South Australia:

1. Police Interview - You'll be asked to participate in a record of interview. Do not answer questions without a lawyer present. Request legal representation immediately.
2. Charging Decision - Police will formally charge you with stalking under section 19AA of the Criminal Law Consolidation Act. You'll receive a court attendance notice.
3. Intervention Order Application - Police will usually apply for an intervention order on behalf of the complainant. This happens simultaneously with criminal charges.
4. Adelaide Magistrates Court Appearance - Your first court date will be at Adelaide Magistrates Court (or your local Magistrates Court). You must attend or a warrant will be issued.
5. Plea Entry - You'll enter a plea of guilty or not guilty. If not guilty, the matter will be set down for trial in 3-6 months.
6. Intervention Order Hearing - Usually heard on the same day. The court will decide whether to grant a temporary or final intervention order.
7. Trial or Sentencing - If you plead guilty, sentencing occurs immediately or within 2-4 weeks. If not guilty, trial will be scheduled with magistrate or jury depending on severity.

This process typically takes 6-12 months from charge to finalisation. Having a lawyer from day one can significantly reduce this timeframe and achieve better outcomes. Book your consultation now at gotocourt.com.au/book.

The Law in South Australia

South Australia defines stalking under section 19AA of the Criminal Law Consolidation Act 1935. You commit stalking if you follow, watch, approach or contact another person and you know, or ought reasonably to know, that the other person would be seriously alarmed or seriously afraid.

Specific behaviours that constitute stalking include:

• Following someone physically or by vehicle
• Watching or loitering near someone's home, workplace, or regular locations
• Approaching someone repeatedly after being told to stay away
• Telephoning, texting, or emailing repeatedly
• Sending letters, packages, or gifts
• Leaving objects at someone's property
• Acting in any other way that could reasonably cause serious alarm or fear

The maximum penalty for stalking in South Australia is 3 years imprisonment. For aggravated stalking (involving threats of violence, weapons, or breaching intervention orders), penalties increase to 5 years imprisonment. Even first-time offenders often receive sentences including:

• Imprisonment (suspended or immediate)
• Community service orders (40-300 hours)
• Good behaviour bonds ($500-$5,000)
• Fines ($1,000-$10,000)
• Mandatory intervention orders (2-5 years)

Importantly, the prosecution doesn't need to prove you intended to cause fear - only that a reasonable person would know the behaviour would cause serious alarm. This makes defending stalking charges complex and technical.

Mistakes to Avoid

These critical mistakes destroy stalking defences and lead to maximum penalties:

1. Participating in Police Interviews Without Lawyers
We see clients who thought they could 'explain the situation' to police and instead provided detailed confessions to every element of stalking charges. Police interviews are designed to secure admissions - they're not opportunities to clear up misunderstandings. Once you've admitted following someone or making contact, your lawyer's defence options become severely limited.

2. Agreeing to Intervention Order Conditions You Can't Comply With
Clients often agree to intervention orders prohibiting them from going within 500 metres of places they need for work, medical appointments, or children's schools. Breaching intervention orders carries additional criminal charges and imprisonment. We've seen people lose employment because they agreed to conditions that made their job impossible to perform.

3. Continuing Any Form of Contact After Charges
Some clients think they can still contact the complainant through mutual friends, social media, or family members to 'sort things out'. Any contact, direct or indirect, becomes evidence of ongoing stalking and often results in additional charges. Even 'innocent' social media activity like viewing someone's profiles can be tracked and used as evidence.

4. Pleading Guilty to Incorrect Facts
Prosecution fact summaries in stalking cases often exaggerate the frequency, duration, or threatening nature of alleged behaviour. Pleading guilty to inflated facts means you're sentenced based on behaviour you didn't actually engage in. We regularly negotiate significant reductions in agreed facts that result in lighter sentences.

5. Failing to Gather Contradictory Evidence Immediately
CCTV footage, phone records, social media posts, and witness statements that could prove your innocence are often automatically deleted within 30-90 days. Clients who wait months before getting legal help find crucial evidence has disappeared forever.

Every one of these mistakes is completely avoidable with immediate legal representation. Don't risk your future - call 1300 636 846 now.

Likely Outcomes and Costs

With experienced legal representation, stalking charges in South Australia often result in:

• Charges withdrawn or dismissed (15-20% of cases with strong defences)
• Guilty pleas to less serious charges like causing annoyance
• Non-conviction sentences with good behaviour bonds
• Intervention orders with practical, workable conditions
• Avoided imprisonment in 85%+ of first-time offences

Without legal representation, you're likely facing:

• Guilty pleas to maximum charges
• Conviction and criminal record
• Community service or imprisonment
• Restrictive intervention orders lasting 2-5 years
• Impact on employment, travel, and family relationships

Legal costs for stalking charges typically range from $3,000-$8,000 for guilty pleas and $8,000-$15,000 for defended hearings. Our fixed-price consultations cost $295 and provide immediate clarity on your legal position and likely outcomes. Many clients find that early legal intervention actually reduces total costs by achieving faster resolutions.

The financial cost of conviction - through employment loss, travel restrictions, and ongoing intervention order compliance - usually exceeds legal representation costs by tens of thousands of dollars. Professional legal help isn't a cost, it's essential protection for your future.

How Go To Court Lawyers Can Help

Go To Court Lawyers has defended thousands of stalking charges across Australia since 2010, with specialist criminal lawyers in every South Australian court. Our 800+ lawyers include former police prosecutors and magistrates who understand exactly how stalking cases are built and defended.

We provide immediate 24/7 legal advice through our 1300 636 846 hotline, with lawyers available to attend police interviews, bail applications, and urgent court appearances anywhere in South Australia. Our Adelaide team appears daily in the Magistrates Court and knows every prosecutor, magistrate, and court procedure.

What sets us apart is our fixed-fee structure and realistic advice. Your fixed-fee consultation provides a written assessment of your charges, likely outcomes, and detailed cost estimate for your entire case. No surprises, no inflated bills - just expert legal representation when you need it most.

With a 4.5-star rating from 780+ reviews, we're Australia's most trusted criminal law firm. Our clients choose us because we combine genuine expertise with practical, affordable service. We understand that stalking charges often arise from relationship problems, workplace disputes, or mental health issues - and we provide legal solutions that address your real-world situation.

Don't face stalking charges alone. Call 1300 636 846 now for immediate advice, book online at gotocourt.com.au/book, or request urgent help through our website. Your future depends on the decisions you make in the next few hours - let our experienced criminal lawyers protect you.