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Charged with Stalking or Intimidation? What You Need to Know
Stalking and intimidation are serious criminal offences in New South Wales. A charge under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) carries up to 5 years imprisonment and almost always comes with an Apprehended Domestic Violence Order (ADVO) or an Apprehended Personal Violence Order attached.
Many people charged with stalking and intimidation are surprised by how broadly the law is defined. A series of text messages, repeated phone calls, social media contact, unannounced visits to a person’s home or workplace, or even following someone for a short period can all fall within the offence. The law captures conduct that most people would not consider “stalking” in the everyday sense.
The Australian Legal Practice defends stalking violence matters across Burwood, Sydney CBD, and Parramatta. Our principal lawyers are available 24/7, the first consultation is free, and early legal advice often reduces charges, protects your record, and avoids custodial outcomes.
Call (02) 8084 9929 to arrange a free consultation with a principal lawyer.
What Is Stalking and Intimidation?
Stalking and intimidation is a criminal offence under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). It applies where a person engages in conduct amounting to stalking or intimidation with the intention of causing another person to fear physical or mental harm.
The offence has two strands, each defined separately under the Act.
Intimidation (section 7) includes:
- Conduct amounting to harassment or molestation of the person
- Approaches by any means, including telephone, text, email, or other technology, that cause the person to fear for their safety
- Conduct that causes a reasonable apprehension of injury to the person, to someone they have a domestic relationship with, or of violence or damage to property
- Cyberbullying and the publication or transmission of offensive material through social media or email
Stalking (section 8) includes:
- Following a person
- Watching, frequenting the vicinity of, or approaching a person’s residence, business, workplace, or any place they attend for social or leisure activities
- Contacting a person by phone, email, social media, or other electronic means
- Repeated unwanted contact, even where each individual contact appears innocuous
Stalking and intimidation charges commonly arise alongside assault, breach of AVO, or coercive control charges. The offence can also be committed in both domestic and non-domestic contexts.
Stalking and Intimidation Under Australian Law
The offence is contained in section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). Related provisions include:
- Section 7: Statutory definition of “intimidation”
- Section 8: Statutory definition of “stalking”
- Section 13(1): The offence itself — stalking or intimidation with intent to cause fear of physical or mental harm
- Section 13(2): Fear of harm extends to fear for another person the victim has a domestic relationship with
- Section 13(3): The intention element is satisfied where the accused knows the conduct is likely to cause fear
- Section 13(4): The prosecution is not required to prove the victim actually feared harm
- Section 13(5): An attempt to commit the offence is punishable as the completed offence
Where the conduct occurs between people in a domestic relationship, the offence is a domestic violence offence under section 11 of the Act and triggers mandatory police application for an ADVO under section 27.
What Must the Prosecution Prove?
To secure a conviction for stalking or intimidation, the prosecution must prove each of the following beyond reasonable doubt:
- You engaged in conduct amounting to stalking or intimidation (or attempted to) as defined in sections 7 and 8
- You intended to cause the victim to fear physical or mental harm — this is satisfied under s 13(3) where you knew the conduct was likely to cause fear
- The conduct was directed at the victim named in the charge
Importantly, under section 13(4), the prosecution does not need to prove the victim actually felt fear. It is enough that the accused intended to cause fear or knew the conduct was likely to cause it. However, where the victim did not experience fear, this may weaken the prosecution case on the question of intent.
If the prosecution fails to prove any element, the court must find you not guilty.
Penalties for Stalking and Intimidation in NSW
Stalking and intimidation is a “Table 1” offence, meaning it is generally finalised in the Local Court but can be elected to the District Court by either party.
Court | Maximum Penalty |
Local Court | 2 years imprisonment and/or 50 penalty units ($5,500 fine) |
District Court | 5 years imprisonment and/or 50 penalty units ($5,500 fine) |
The maximum penalty is reserved for the most serious offenders, typically those with extensive criminal histories or where the conduct was prolonged, involved direct threats, or occurred in the context of domestic violence.
Sentencing outcomes vary widely. For less serious matters involving a first offence and limited conduct, alternatives to full-time imprisonment are commonly available:
- Section 10 dismissal (no conviction recorded)
- Conditional Release Order (CRO) with or without conviction
- Fine
- Community Correction Order (CCO)
- Intensive Correction Order (ICO), served in the community with supervision
- Full-time imprisonment for serious offences or repeat offenders
Other consequences of a conviction include:
- Criminal record impacting employment and travel
- Mandatory ADVO made under section 39 of the Act where the victim is in a domestic relationship
- Firearms licence suspension or cancellation
- Impact on Working with Children Check
- Potential immigration consequences for non-citizens under the character test
- Aggravating factor if further offences are committed (s 21A Crimes (Sentencing Procedure) Act 1999)
Possible Defences Against Stalking and Intimidation
Several defences can result in a stalk and intimidate charge being dismissed or reduced.
- No intent to cause fear: The prosecution must prove you intended to cause fear or knew your conduct was likely to cause it. Where the conduct was accidental, negligent, or misinterpreted, intent cannot be proven
- The conduct does not meet the legal definition: Not all unwanted contact amounts to stalking or intimidation under sections 7 and 8. Isolated contact or contact with a legitimate purpose may fall outside the offence
- Lawful excuse: Contact or attendance that had a legitimate reason, such as recovering property, attending a workplace for employment, or enforcing Family Court orders
- Mistaken identity: You were not the person who engaged in the alleged conduct
- Honest and reasonable mistake of fact: You genuinely believed your conduct was welcome or authorised
- Self-defence or defence of another: The conduct was a proportionate response to a threat
- Duress: You were forced to act by threats from another person
- Fabrication or exaggeration: The allegations are untrue or significantly overstated, which can occur in the context of family law or custody disputes
The Australian Legal Practice carefully reviews police fact sheets, witness statements, message histories, and surveillance evidence to identify weaknesses in the prosecution case and the strongest available defence.
Your Options When Charged with Stalking or Intimidation
You have several options when charged with stalking and intimidation. The right choice depends on the strength of the evidence, the seriousness of the conduct, and the impact of a conviction on your life.
Option | What It Means |
Plead not guilty | Contest the charge at a hearing, challenging one or more elements |
Plead guilty and seek non-conviction | Plead guilty but apply for a Section 10 dismissal or CRO without conviction |
Plead guilty and seek reduced sentence | Plead guilty and present mitigation material to minimise the sentence |
Negotiate with prosecution | Seek withdrawal, downgrade to a summary offence, or amendment of the facts before plea |
Pleading guilty without legal advice is particularly risky. The facts agreed with the prosecution dictate the sentence the magistrate can consider, and an unchallenged fact sheet can turn a moderate case into a serious one. Early negotiation of the facts is often the most important step in securing a better outcome.
Why Choose The Australian Legal Practice for Stalk and Intimidate Charges
- Principal-level representation. You deal directly with an experienced senior lawyer, not a junior or a call centre
- 24/7 availability on (02) 8084 9929. Stalk and intimidate charges often arise from urgent domestic incidents and require immediate response
- Three Sydney offices: Burwood (near Burwood Local Court), Sydney CBD (Chifley Tower), and Parramatta (near Parramatta Local Court)
- Free initial consultation so you can assess your defence options before your first court date
- Fixed-fee arrangements available for standard stalk and intimidate matters
- Experience with digital evidence, including text messages, social media, and CCTV used in modern stalking cases
Integrated advice on associated ADVOs, breach charges, and Family Court proceedings
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Frequently Asked Questions About Stalking and Intimidation
Yes, unless the court grants a Section 10 dismissal or CRO without conviction. A recorded conviction appears on your National Police Check and can affect employment, travel, and professional licensing.
Yes. Repeated unwanted messages, whether by SMS, email, or social media, can amount to intimidation under section 7 or stalking under section 8. The law expressly covers “technologically assisted means” of contact.
No. Under section 13(4), the prosecution does not need to prove the victim actually feared physical or mental harm. It is enough that the accused intended to cause fear or knew the conduct was likely to cause it.
The offence requires intent. However, under section 13(3), intent is satisfied if you knew your conduct was likely to cause fear. Genuine ignorance or misunderstanding of the impact can be a defence but must be supported by the facts.
It is common for stalk and intimidate charges to be laid alongside breach of AVO charges where an order is already in place. Each charge is prosecuted separately and penalties can be imposed for each offence.
Almost certainly. Where the alleged victim is in a domestic relationship with you, section 27 of the Act requires police to apply for an ADVO. Where the relationship is non-domestic, an APVO is commonly sought instead.
Often, yes. Alternatives to full-time imprisonment, including Section 10 dismissals, CROs, CCOs, and ICOs, are commonly available for first-time offenders and less serious conduct. Sentencing outcomes depend heavily on the facts, personal circumstances, and mitigation material.
Do not contact the alleged victim in any way. Exercise your right to silence until you have spoken with a lawyer. Read the Court Attendance Notice and police fact sheet carefully. Call The Australian Legal Practice on (02) 8084 9929 for a free consultation before your first court date.
