Charged With Stalking in Tasmania - What Happens Now?

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

If you've been charged with stalking in Tasmania, you face serious criminal charges that can result in up to 2 years imprisonment and significant impact on your personal and professional life. Stalking charges often come with family violence restraint orders that immediately restrict where you can go and who you can contact. Contact a criminal lawyer immediately on 1300 636 846 - the steps you take in the next 48 hours will determine how this case affects your future.

Do You Need a Lawyer?

Yes, you absolutely need a criminal lawyer if charged with stalking in Tasmania. Stalking is a serious criminal offence under the Criminal Code Act 1924 (Tas) that can result in imprisonment, substantial fines, and a permanent criminal record that affects employment, travel, and family court proceedings.

Without proper legal representation, you risk pleading guilty to charges that could be defended, accepting court-imposed penalties that could be minimised, or saying something to police that damages your case beyond repair. Our lawyers regularly see people who tried to handle stalking charges alone and ended up with convictions that could have been avoided.

A criminal lawyer can challenge the evidence against you, negotiate with prosecutors for reduced charges, argue for alternative sentencing options like diversion programs, and protect your rights during police interviews. In family law matters, stalking convictions can devastate your chances of maintaining contact with children or retaining property.

Don't wait - call 1300 636 846 now. Every conversation with police, every court appearance, and every decision you make without legal advice can permanently damage your case.

What Happens Next - The Process

1. Police Investigation and Charges (Day 1-30): Police will serve you with a complaint and summons or arrest you. You'll receive court documents showing your charges and first court date, typically at Hobart Magistrates Court, Launceston Magistrates Court, or Devonport Magistrates Court depending on where the alleged stalking occurred.
2. Family Violence Restraint Order Application (Within 7 days): If the alleged victim seeks protection, they'll apply for a restraint order at the Magistrates Court. This can immediately prevent you from contacting them, going near their home or workplace, or communicating through social media.
3. First Court Appearance (Within 6 weeks): You must appear at the Magistrates Court on the date specified. The magistrate will read the charges, and you'll enter a plea of guilty or not guilty. If you plead not guilty, the matter will be adjourned for further hearing dates.
4. Brief of Evidence (4-8 weeks): Police will provide the prosecution brief containing witness statements, phone records, social media evidence, and any surveillance footage. Your lawyer will analyse this evidence to identify weaknesses in the prosecution case.
5. Case Conference or Negotiation (8-12 weeks): Your lawyer may negotiate with the prosecutor to have charges withdrawn, reduced to lesser offences, or to agree on facts that improve your sentencing prospects.
6. Hearing or Sentencing (3-6 months): If you plead guilty, the court will proceed to sentencing. If you plead not guilty, the matter will proceed to a contested hearing where witnesses give evidence and the magistrate decides your guilt.

Don't navigate this process alone - book your consultation at gotocourt.com.au/book to understand exactly what you're facing and how to protect your interests at each stage.

The Law in Tasmania

Tasmania defines stalking under Section 192 of the Criminal Code Act 1924 (Tas). You commit stalking if you pursue another person with conduct that could reasonably be expected to arouse apprehension or fear for their safety or wellbeing, or the safety of someone with whom they have a relationship.

The law specifically includes these behaviours as stalking:

• Following, watching, approaching or confronting a person
• Loitering near where a person lives, works, or visits
• Entering or interfering with their property
• Giving offensive material or leaving it where it will be found
• Telephoning, texting, emailing or otherwise communicating
• Sending, giving or delivering letters, emails, text messages, parcels or flowers
• Using social media to contact or monitor someone
• Keeping someone under surveillance
• Acting in an intimidating or offensive manner

The maximum penalty for stalking in Tasmania is 2 years imprisonment or a fine of 40 penalty units (approximately $7,600). If the stalking involves threats of harm, the maximum penalty increases to 5 years imprisonment.

Stalking charges often connect directly with family violence restraint orders under the Family Violence Act 2004 (Tas). Courts can impose restraint orders as part of sentencing, or alleged victims can seek separate protection orders that remain in place regardless of the criminal case outcome.

Understanding these laws is crucial, but applying them to your specific situation requires expert legal analysis - call 1300 636 846 to discuss how the law applies to your charges.

Mistakes to Avoid

Contacting the alleged victim directly or through friends and family. Any contact while charges are pending can result in additional charges and makes you look guilty. Even well-intentioned apologies or attempts to explain your side of the story will be used as evidence against you. We've seen clients receive extra charges for breaching restraint orders they didn't know existed.

Giving a statement to police without a lawyer present. Police will tell you that providing your version of events will help resolve the matter quickly. This is false. Anything you say will be recorded and used to prosecute you. Police interviews are designed to gather evidence for conviction, not to help you. Even explaining innocent behaviour can be twisted to support stalking allegations.

Deleting social media accounts, messages or call logs. Destroying potential evidence is a separate criminal offence and makes you appear guilty. Police can often recover deleted material anyway through service provider records. Courts view evidence destruction as consciousness of guilt that undermines any defence you might have.

Continuing to check the alleged victim's social media profiles. Courts consider monitoring someone's online activity as stalking behaviour. Even if their profiles are public, regularly viewing their posts, stories, or photos can be used as evidence of ongoing stalking. Your internet activity can be tracked and subpoenaed.

Representing yourself in court because you think you can explain what really happened. Magistrates hear stalking cases daily and have heard every explanation. Without understanding court procedures, evidence rules, and sentencing factors, you'll likely make admissions that worsen your situation. Self-represented defendants routinely receive harsher penalties than those with proper legal representation.

These mistakes can destroy winnable cases - get expert advice immediately by calling 1300 636 846 before you accidentally damage your defence.

Likely Outcomes and Costs

With proper legal representation, many first-time stalking charges result in outcomes that avoid conviction records. Experienced lawyers can negotiate for charge withdrawals, diversions, or alternative sentencing options like community service or counselling programs that don't create permanent criminal records.

Common successful outcomes include:

• Charge withdrawal after demonstrating insufficient evidence or police procedural errors
• Diversion programs where you complete counselling or community service instead of facing conviction
• Good behaviour bonds that result in dismissal if you stay out of trouble
• Fines or community service instead of imprisonment, with no conviction recorded

Without a lawyer, you'll likely plead guilty at the first court date and receive whatever penalty the magistrate imposes. This typically means conviction, fines of $2,000-$5,000, and potentially imprisonment for repeat offenders or serious cases involving threats.

Legal representation costs vary depending on case complexity. Summary matters resolved through negotiation typically cost $3,000-$8,000 including the initial consultation. Contested hearings requiring witness cross-examination cost $5,000-$15,000. Compared to the lifetime impact of a criminal conviction on employment and family court proceedings, legal fees represent exceptional value.

Most stalking cases resolve within 3-6 months with proper legal management. Self-represented matters often drag on for 8-12 months due to adjournments, procedural errors, and poor preparation.

The true cost of not having a lawyer includes permanent criminal records that affect employment, travel restrictions to countries like the USA, and devastating impacts on family court proceedings involving children. Book your consultation at gotocourt.com.au/book to understand exactly what legal representation can achieve in your case.

How Go To Court Lawyers Can Help

Go To Court Lawyers has over 800 criminal lawyers across every state and territory, including experienced stalking defence specialists in Hobart, Launceston, and Devonport. Since 2010, we've helped thousands of clients facing stalking charges achieve outcomes that protect their futures.

Our Tasmania criminal lawyers understand how stalking charges connect with family violence restraint orders and family court proceedings. Lawyers in our network regularly appear in all Tasmanian Magistrates Courts and have established relationships with local prosecutors that help achieve better negotiated outcomes for our clients.

You get immediate access to expert legal advice through our 24/7 hotline on 1300 636 846. Our fixed-fee consultation of just $295 includes a comprehensive case assessment, explanation of your options, and clear advice on the best strategy for your situation.

With a 4.5-star rating from over 780 client reviews, we've built our reputation on achieving results that protect our clients' futures. Our lawyers know the difference between charges that should be defended and those where early negotiation achieves better outcomes.

Stalking charges won't disappear by ignoring them. Every day you delay getting proper legal help reduces your options and strengthens the prosecution case against you. Call 1300 636 846 now or book online at gotocourt.com.au/book - your future depends on the decisions you make today.