Stalking or Intimidation Charges
Clear advice on penalties, defences and what to expect in the NSW Local Court.
Stalking or intimidation is a criminal offence under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), and is committed where a person stalks or intimidates another with the intention of causing that person, or a person known to them, to fear physical or mental harm. Stalking is defined broadly to include following a person, watching or frequenting places they live, work or visit, and contacting or approaching them, including through electronic means such as text messages, social media or tracking apps. Intimidation covers conduct causing a person to fear for their safety, harassing or threatening behaviour, or repeated approaches, and — unlike stalking — does not require a pattern of conduct over time.
This offence overlaps heavily with apprehended violence order proceedings, since the same conduct that grounds a criminal charge under section 13 often also supports an application for an ADVO or APVO. Charges commonly arise in the context of the breakdown of an intimate relationship, ongoing family disputes, neighbour conflicts, or workplace grievances, and the surrounding relationship history is frequently central to how a matter is understood and defended.
Because the offence requires proof of intention to cause fear of physical or mental harm, the accused’s state of mind — not merely the effect their conduct had on the complainant — is a genuine issue in many cases. Text message and call records, social media activity, and any pattern of contact are usually the key evidence relied upon by police, and can equally reveal legitimate, non-threatening purposes behind conduct that may otherwise appear alarming out of context.
Penalties
What you could be facing
| Penalty | Maximum | Notes |
|---|---|---|
| Stalking or intimidation with intent to cause fear (s13) | 5 years imprisonment and/or a fine of 50 penalty units | Dealt with in the Local Court. Where the conduct occurred in a domestic relationship, the matter is flagged as domestic violence related, and an ADVO is commonly sought alongside the criminal charge. |
| Stalking or intimidation — breach of an existing AVO during offending | 5 years imprisonment and/or a fine of 50 penalty units, plus separate breach liability | Where the conduct also breaches an existing AVO protecting the complainant, this is charged as a separate offence and treated as a significant aggravating factor. |
| Aggravating factors | Sentence increased within the same maximum | The duration and persistence of the conduct, use of technology to track or contact the complainant, any accompanying threats of violence, and the vulnerability of the complainant are all matters weighed at sentencing. |
Possible Defences
Ways this charge can be challenged
No intention to cause fear of harm
The prosecution must prove the accused intended their conduct to cause the complainant, or someone known to them, to fear physical or mental harm. Where contact was made for an innocent or unrelated purpose — such as arranging child access, retrieving property, or addressing a genuine shared concern — and no such intention existed, this central element is not established.
Conduct does not meet the legal definition
Not every unwanted approach or message amounts to stalking or intimidation in the legal sense. Isolated, low-level conduct that would not cause a reasonable person to fear harm, or a single ambiguous message without any accompanying threat, may fall short of what the offence requires.
Reasonable conduct for a legitimate purpose
Conduct engaged in for a genuine and legitimate purpose — such as reasonable attempts to resolve a business or neighbour dispute, or conduct in connection with an industrial dispute — can fall outside the definition of intimidation in appropriate circumstances, particularly where it did not involve any threat of violence or damage to property.
Mutual or provoked contact
Where contact between the parties was ongoing and mutual, or the complainant had themselves initiated or invited communication shortly before the conduct complained of, this context can be relevant both to whether the necessary intention existed and to how the incident is properly understood.
What Happens Next
The Local Court process
- 01
Following a complaint, police investigate by reviewing messages, call records, and any witness accounts before charging the accused by way of a court attendance notice or arrest, often alongside an application for an interim AVO.
- 02
At the first mention in the Local Court, a plea of guilty or not guilty is entered, and any related AVO proceedings are typically listed to be dealt with together with the criminal charge.
- 03
If a not guilty plea is entered, the prosecution serves its brief of evidence, including message and call records and any statements from the complainant and witnesses, before the matter is listed for a defended hearing.
- 04
At a defended hearing, the prosecution must prove beyond reasonable doubt that the accused engaged in stalking or intimidation and intended to cause fear of physical or mental harm, and the defence can challenge the evidence of intention and the characterisation of the conduct.
- 05
If a guilty plea is entered, or the charge is proven at hearing, the matter proceeds to sentencing, where the court considers the duration and nature of the conduct, any related AVO breach, the accused’s record, and personal circumstances.
- 06
Where a related AVO application exists, it is usually determined around the same time, and the outcome of one matter is often relevant to how the other proceeds.
Frequently Asked Questions
Common questions
Stalking generally involves a pattern of conduct over time, such as following, watching or repeatedly contacting a person, while intimidation can be established from a single act, such as one threatening message or approach, provided it was intended to cause fear of physical or mental harm.
Yes. Unlike stalking, intimidation does not require a pattern of conduct, so a single message or approach can be sufficient if it was intended to cause the complainant to fear physical or mental harm and meets the legal threshold for intimidating conduct.
No. While stalking and intimidation charges frequently arise in a domestic context and are often accompanied by an ADVO application, the offence applies equally to non-domestic situations, such as neighbour disputes or conflicts between acquaintances, where an APVO may instead be sought.
Yes. The definition of stalking specifically includes contacting a person or interfering with their property using any technology, including social media, messaging apps and location tracking, reflecting how much stalking and intimidation conduct now occurs electronically rather than in person.
If the conduct also breaches an existing AVO, this is prosecuted as a separate breach offence and is treated as a serious aggravating factor for the stalking or intimidation charge itself, and can significantly affect both bail and sentencing outcomes.
It is possible in appropriate cases, particularly where the conduct was at the lower end of seriousness, occurred over a short period, and there is a good prior record, but courts scrutinise these matters carefully given the protective purpose of the legislation. The specific facts and any related AVO proceedings are central to what outcome is realistic.
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