Charged with stalking or intimidation?
Stalking or intimidation with intent to cause fear is a criminal offence under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). ED Legal represents people charged with this offence across Sydney and NSW.
These matters often involve messages, calls, social media, alleged following or monitoring, repeated contact or conduct said to cause fear. The context and sequence of events can be as important as any single incident.
If there is also an AVO, bail condition or other domestic violence charge, we can advise on the criminal allegation and related restrictions together.
How we can help you
We can review messages, call records, CCTV, body-worn video, social-media material and witness statements, compare them with your account and explain what the prosecution must prove.
We can advise before a police interview, prepare a defended hearing, make representations where appropriate and represent you in related AVO proceedings.
If police have contacted you
Get legal advice before deciding whether to participate in an interview. Preserve the original messages, call logs, social-media records and other material that may show the context of the alleged conduct.
Do not delete potential evidence or contact a complainant contrary to an AVO or bail condition. If you are unsure whether contact is permitted, obtain advice first.
Understanding the section 13 charge
Section 13 makes it an offence to stalk or intimidate another person with the intention of causing that person to fear physical or mental harm. The prosecution is not required to prove that the other person actually experienced that fear.
For this offence, intention can also be established where a person knows that the conduct is likely to cause the relevant fear. The definitions of stalking and intimidation are broad and the precise conduct alleged needs to be examined carefully.
The criminal charge and an AVO are separate
Police may apply for an Apprehended Domestic Violence Order or Apprehended Personal Violence Order at the same time as laying a stalking or intimidation charge. The criminal case and the order involve different legal questions.
An AVO can impose restrictions even before the criminal charge is finalised. We can explain the conditions and advise on how the two matters interact.
Contact, messages and online conduct
Where an AVO or bail condition restricts contact, communication by text, social media or through another person may still amount to contact. Read the exact wording of the condition rather than relying on assumptions.
If the alleged stalking or intimidation concerns repeated communications or online activity, preserving the full conversation and account history can be important. Isolated screenshots may not show the complete context.
Bail and urgent restrictions
Tell us immediately if you are in custody or if bail conditions affect your home, family or ability to communicate with someone. We can advise about the charge and any application to vary bail.
Deciding how to respond to the charge
If you dispute the allegation, we can test whether the prosecution can prove stalking or intimidation and the required intention or knowledge beyond reasonable doubt.
If you intend to plead guilty, the agreed facts still matter. We can review the factual basis and prepare relevant material for sentence.
Maximum penalty and possible outcome
The maximum penalty under section 13 is 5 years imprisonment, 50 penalty units, or both. The actual outcome depends on the seriousness and persistence of the conduct, the relationship between the parties, prior history and your personal circumstances.
Preparing to speak with a lawyer
Tell us the exact charge, the court and next date, and whether there is an AVO or bail condition. Preserve relevant messages, call logs and social-media material in their original form.
For advice about a stalking or intimidation charge, contact ED Legal for a free initial consultation. You can also review our Domestic Violence and AVO pages.
Sources
Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
