Charged With Stalking in Western Australia - What Happens Now?

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 11 April 2026.

Charged With Stalking in Western Australia - What Happens Now?

Stalking charges in Western Australia are serious criminal offences that can result in imprisonment for up to 3 years and significant fines. If you've been charged with stalking, you're facing potential jail time, restraining orders, and impacts on your employment, family relationships, and future opportunities. Contact a criminal lawyer immediately on 1300 636 846 - what you do in the next 24-48 hours can determine whether you avoid conviction entirely or face the full force of the law.

Do You Need a Lawyer?

Yes, you absolutely need a lawyer for stalking charges in Western Australia. Stalking is a serious criminal offence under the Criminal Code Act Compilation Act 1913 (WA), and conviction carries significant penalties including potential imprisonment. Without proper legal representation, you risk pleading guilty to charges that could be defended, accepting police facts that are inaccurate, or failing to present mitigating circumstances that could reduce your sentence.

A criminal lawyer can challenge the prosecution's evidence, negotiate with police and prosecutors before charges are laid, identify weaknesses in the case against you, and present alternative explanations for your behaviour. We've seen clients avoid conviction entirely when they initially thought their case was hopeless. Police often overcharge stalking cases, and experienced lawyers know how to have charges downgraded or withdrawn.

What's at risk without a lawyer: Criminal conviction and jail time, restraining orders that restrict where you can go and who you can contact, loss of employment (especially in healthcare, education, security, or government roles), exclusion from your family home, and permanent impacts on visa applications or overseas travel.

Don't wait - stalking investigations move quickly, and early legal intervention can prevent charges being laid at all. Call 1300 636 846 now for immediate advice.

What Happens Next - The Process

Here's exactly what happens after stalking charges are laid in Western Australia:

1. Police Interview or Arrest (Day 1-7): Police may arrest you or ask you to attend the station voluntarily. Say nothing beyond providing your name and address - ask for a lawyer immediately. Any admissions you make will be used against you in court.
2. Bail or Release (Same day): For most stalking charges, you'll be released on bail with conditions. These often include no contact with the complainant, staying away from their home or workplace, and reporting to police. Breaching bail conditions means immediate arrest.
3. First Court Appearance (2-6 weeks): You'll receive a summons to appear at your local Magistrates Court - typically Perth Magistrates Court, Fremantle Magistrates Court, or your regional courthouse. DO NOT plead guilty at this appearance. Ask for an adjournment to get legal advice.
4. Brief of Evidence (4-8 weeks): Police provide the prosecution brief containing witness statements, photos, text messages, social media evidence, and police reports. Your lawyer reviews this to identify weaknesses and plan your defence.
5. Pre-Trial Negotiations (2-12 weeks): Your lawyer negotiates with the prosecution to potentially have charges withdrawn, downgraded to lesser offences, or to agree on facts that minimize your culpability.
6. Trial or Plea Hearing (3-6 months): Either you plead guilty with submissions on penalty, or proceed to trial to contest the charges. Most stalking matters are resolved at the Magistrates Court level.

The entire process typically takes 3-9 months, but urgent legal action in the first few weeks can often resolve matters much faster. Contact us on 1300 636 846 to fast-track your defence strategy.

The Law in Western Australia

Stalking in Western Australia is defined under Section 338E of the Criminal Code Act Compilation Act 1913 (WA). The law states that a person stalks another if they pursue another person with intent to intimidate them or their family, and that pursuit causes the victim to fear for their safety or the safety of someone else.

What behaviours constitute stalking:

• Following, watching, or loitering near the person's home, workplace, or regular locations
• Repeatedly contacting by phone, text, email, social media, or messaging apps
• Leaving unwanted gifts, flowers, letters, or other items
• Tracking the person's movements or activities
• Approaching or confronting the person repeatedly
• Damaging the person's property or threatening to do so
• Encouraging others to engage in any of these behaviours

Penalties for stalking in WA:

• Maximum penalty: 3 years imprisonment and/or $36,000 fine
• First-time offenders: Often receive fines between $1,000-$8,000 or community service orders
• Repeat offenders: Face imprisonment, typically 6-18 months
• Aggravated stalking: Up to 8 years imprisonment if committed in circumstances of aggravation (family relationship, breach of restraining order, or use of weapons)

Connection to protection orders: Stalking charges often accompany Family Violence Restraining Orders (FVROs) or Violence Restraining Orders (VROs). If you're served with a restraining order, any contact with the protected person can result in additional stalking charges. The restraining order hearing happens separately in the Family Court of Western Australia or Federal Circuit Court, but the outcomes are linked - a stalking conviction makes permanent restraining orders much more likely.

These penalties are severe and life-changing. Call 1300 636 846 immediately to explore your defence options.

Mistakes to Avoid

After representing hundreds of stalking cases across Western Australia, we see these critical mistakes repeatedly destroy otherwise defensible cases:

1. Talking to police without a lawyer present. We've seen clients confess to stalking when they thought they were explaining innocent behaviour. Police are trained to extract admissions, and anything you say will be twisted against you. One client told police he "just wanted to talk" to his ex-partner - this became evidence of persistent unwanted contact and sealed his conviction.

2. Contacting the complainant to "sort things out." This is the fastest way to upgrade your charges and guarantee conviction. Every text, call, email, or approach is additional evidence of stalking behaviour. One client sent a single Facebook message apologizing for his behaviour - this created a fresh stalking charge and proved the original allegations.

3. Ignoring or delaying court appearances. Missing court results in an immediate warrant for your arrest and shows disrespect that magistrates remember at sentencing. We've seen clients with strong defences receive jail time simply because they failed to appear when first summoned.

4. Providing passwords or access to phones and social media. Police often ask for voluntary access to gather evidence. Clients think cooperation will help their case, but we've seen years of private messages, photos, and location data used to prove persistent obsessive behaviour that wasn't even part of the original complaint.

5. Representing yourself or using an inexperienced lawyer. Stalking law involves complex elements of intent, reasonableness, and admissibility of evidence. General lawyers without criminal law expertise miss crucial defences and fail to challenge evidence properly. We've taken over cases where previous lawyers advised guilty pleas to charges we subsequently had withdrawn entirely.

Don't make these costly mistakes. Get expert criminal law advice immediately on 1300 636 846.

Likely Outcomes and Costs

With experienced legal representation:

• Best case scenario: Charges withdrawn or dismissed (30-40% of our stalking cases)
• Negotiated outcome: Charges downgraded to disorderly conduct or harassment with minimal penalties (25-30% of cases)
• Guilty plea with strong mitigation: Fine, community service, or spent conviction order avoiding criminal record (20-25% of cases)
• Contest and win at trial: Not guilty verdict (10-15% where clients choose to contest)
• Conviction after trial: Usually more severe penalties including potential imprisonment (10-20% of contested matters)

Without a lawyer:

• 90%+ conviction rate with criminal record
• Higher fines and longer community service orders
• Restraining orders routinely granted for maximum periods
• No prospect of having charges withdrawn or downgraded
• Risk of saying things in court that worsen your sentence

Legal costs and timeframes:

• Fixed consultation: $295 for comprehensive case assessment and initial advice
• Negotiated resolution: $2,500-$4,500 (typically resolved in 6-12 weeks)
• Guilty plea with submissions: $3,500-$6,000 (resolved in 8-16 weeks)
• Defended hearing or trial: $8,000-$15,000+ (3-9 months depending on complexity)
• Supreme Court appeals: $15,000-$30,000+ (6-18 months additional)

Family law impacts: Stalking convictions severely damage parenting cases. Family courts view stalking as evidence of family violence, leading to supervised contact orders, protection of children, and restricted parenting time. If you're in Family Court proceedings, urgent action on stalking charges is essential to protect your relationship with your children.

Early legal intervention consistently achieves better outcomes at lower cost. Call 1300 636 846 to discuss your specific situation and likely outcomes.

How Go To Court Lawyers Can Help

Go To Court Lawyers has been defending stalking charges across Western Australia for over 14 years, with 800+ criminal lawyers operating in every court from Perth Magistrates Court to regional WA courthouses. Our 4.5-star rating from 780+ client reviews reflects our commitment to achieving the best possible outcomes in difficult circumstances.

What makes us different:

• Immediate response: 24/7 hotline 1300 636 846 connects you directly to experienced criminal lawyers who understand stalking law
• Fixed-price consultation: $295 gets you comprehensive case assessment, detailed advice on your options, and a clear strategy moving forward
• Proven track record: We've successfully defended hundreds of stalking cases, with many charges withdrawn before reaching court
• WA court expertise: Our lawyers appear daily in Perth Magistrates Court, Fremantle Magistrates Court, Midland Magistrates Court, and every regional courthouse across Western Australia
• Restraining order coordination: We handle both your criminal charges and related family violence proceedings to ensure consistent, strategic representation

Our stalking defence strategies include:

• Challenging the complainant's credibility and motivation for making allegations
• Proving your behaviour was reasonable and not intended to intimidate
• Demonstrating alternative explanations for your actions
• Negotiating early withdrawal of charges through prosecution conferences
• Presenting strong character evidence and rehabilitation efforts

Urgent steps we take immediately:

• Prevent you making admissions that damage your case
• Contact police to arrange voluntary interviews with proper legal support
• Gather evidence supporting your version of events
• Begin negotiations with prosecution to avoid court entirely
• Coordinate restraining order defence to minimize ongoing restrictions

Stalking charges in Western Australia are serious, but they're not undefendable. With 14 years of experience and 800+ lawyers nationwide, Go To Court Lawyers has the expertise and resources to fight your charges effectively.

Don't wait - every day you delay gives police and prosecutors more time to build their case against you. Call our 24/7 hotline on 1300 636 846 or book online at gotocourt.com.au/book for your phone, video or in-person consultations. Your future depends on the decisions you make right now.