Stalk or Intimidate (Domestic Violence Context) – NSW
Domestic and family violence allegations involving stalking or intimidation are taken extremely seriously in NSW. Police often lay this charge quickly — sometimes on the basis of text messages, arguments, or emotionally heightened situations — and once proceedings begin, they can continue even if the other person does not want the matter to go ahead.
At Lenz Legal, we act only for the accused. You are presumed innocent unless and until the prosecution proves the charge beyond reasonable doubt.
What does “stalking or intimidation” mean in NSW?
Under section 13 of the Crimes (Domestic and Personal Violence) Act 2007, the prosecution must prove that you:
- 1. Stalked or intimidated another person, and
- 2. Intended to cause that person to fear physical or mental harm.
The law has very broad definitions:
“Stalking” can include:
- Following someone
- Repeatedly contacting or messaging
- Monitoring, tracking, or watching
- Approaching or attending places associated with the person
“Intimidation” can include:
- Conduct that causes fear or apprehension
- Harsh or threatening words
- Repeated unwanted contact
- Behaviour that a reasonable person would consider intimidating.
In a domestic context, police often interpret communication differently — particularly where emotions are high or conversations lack context. This can lead to assumptions about intent that are not supported by the evidence.
What police must prov
For a conviction, the prosecution must prove each legal element beyond reasonable doubt.
1. That a specific act occurred
Examples include following, contacting, threatening, surveillance, or any behaviour alleged to be intimidating.
2. That the complainant feared physical or mental harm
Fear must be genuine — not assumed — and supported by evidence.
3. That you intended to cause that fear
Intent cannot be implied from conflict alone. It must be proven.
4. That the incident occurred within a domestic relationship
This is what makes the charge a domestic violence offence.
If the prosecution fails to prove any element, you must be found not guilty.
At Lenz Legal, we explain this framework in detail on the Domestic & Family Violence Offences page, including how police and courts interpret evidence in DV contexts.
How stalking or intimidation allegations commonly arise
In our experience, these charges often follow:
- Heated arguments where communication becomes emotional or unclear
- Persistent texting or calling during a relationship breakdown
- Situations where one party misinterprets attempts to talk, reconcile, retrieve belongings, or see children
- Cross-allegations where both parties feel threatened or overwhelmed
- Behaviour taken out of context when police attend the home
Police often take a “better safe than sorry” approach, laying charges before carefully assessing all evidence, including tone, history, or the broader context of communication.
Evidence police rely on — and where it can fall short
Police typically gather:
- Text messages, call logs, social media messages
- Body-worn video from initial attendance
- Statements from the complainant
- CCTV or location data (where available)
- Witness account
Where this evidence can fall short
- Messages are shown without context
- Only selected screenshots are provided
- Emotional or inconsistent statements were made in the moment
- Police assume intent from ordinary communication
- Both parties were distressed during the incident
A strong defence requires examining the full communication history, not isolated excerpts.
Possible defences and legal argument
Depending on the circumstances, defences may include:
- No intent to cause fear — a critical element the prosecution must prove
- No conduct amounting to stalking or intimidation
- The behaviour was ordinary, non-threatening communication
- The complainant did not genuinely fear harm
- Identification issues (less common in DV matters but possible in digital contexts)
- Duress, accident, or misunderstanding
- Reasonable excuse — for example, communication necessary for parenting or property arrangements
We may also challenge:
- Gaps or inconsistencies in the complainant’s versions
- Selective or incomplete evidence
- Misinterpretation of tone, context, or intention
- Police drawing conclusions unsupported by the underlying material
Penalties and sentencing outcomes
Maximum Penalties
- 5 years imprisonment
- $5,500 fine
However, real-world outcomes vary significantly and depend heavily on the facts and the strength of the evidence.
How courts assess seriousness
Courts consider factors such as:
Your personal circumstances
- Any prior history
- The seriousness of the conduct alleged
- Whether violence was threatened or implied
- Whether an AVO was in place
- Steps taken towards rehabilitation (counselling, programs, behavioural change)
- The context of the communication (emotional, mutual, reactive, or situational)
Many matters — particularly where the conduct is low-level, emotional, or communication-based — are resolved without a conviction.
Non-conviction outcomes
Possible non-conviction outcomes include:
- Conditional Release Order without conviction (CRO non-conviction)
- Dismissal under section 10(1)(a)
- Withdrawal or downgrading of charges following negotiation
Our focus is always on securing the most favourable and realistic outcome for your circumstances.
How early legal advice helps your case
Getting advice early can:
- Prevent statements to police that may be misconstrued
- Protect you from breaching AVO or bail conditions
- Assist in gathering full communication records before they disappear
- Identify weaknesses in the prosecution case
- Position the matter for negotiation, withdrawal, or a proper factual basis
This early stage often determines whether a charge can be beaten or reduced.
How Lenz Legal can help
When you come to us about a stalking or intimidation allegation, we will:
- Listen carefully to your side of the story
- Review the full communication history — not just police-selected excerpts
- Assess whether the prosecution can prove the required intent
- Advise on AVO, bail, and what you can and cannot do
- Engage with police and prosecution on your behalf
- Prepare your defence or negotiate the best possible resolution
- Represent you in court and fight to secure the strongest outcome
You deal directly with a criminal defence lawyer — not an assistant — who understands how quickly these situations escalate and how critical it is to protect your future.
Related domestic and family violence guides
Domestic & Family Violence
Coercive Control
Common Assault – Domestic Violence
Contravene / Breach AVO
Choking, Suffocation or Strangulation
Destroy or Damage Property – Domestic Violence
Threaten or Cause Fear of Harm
Child-Related Domestic Violence Offences
Frequently Asked Questions
Does the complainant need to be afraid for the charge to succeed?
Yes. The prosecution must prove that the complainant feared physical or mental harm, and that you intended to cause that fear.
What if the communication was ordinary or misunderstood?
This is common. Many cases hinge on context, tone, or misunderstanding. Selective screenshots rarely tell the full story — and once full message history is examined, the allegation often looks very different.
Can the complainant stop the charges?
No. In DV matters the State decides whether to continue the prosecution, not the complainant.
What if I need to contact the other person about children?
You must follow any AVO or bail conditions even if the other person consents. We can advise on permitted communication pathways.
What should I do now?
Get legal advice before speaking to police. Contact Lenz Legal to discuss your situation and the best pathway forward.
