Being charged with stalking or intimidation is a serious criminal matter that can carry significant penalties and long-term consequences — even if no actual physical harm occurred. At ADADA Legal, our specialist criminal lawyers provide strategic, experienced representation for clients charged under NSW stalking and intimidation laws, helping protect your rights and pursue the best possible outcome for your case.
In New South Wales, stalking and intimidation offences are governed by Section 13 of the Crimes (Domestic and Personal Violence) Act 2007. These laws are designed to protect individuals from behaviour that causes or is intended to cause a person to fear physical or mental harm.
A person commits the offence of stalking or intimidation if they:
Stalk another person, or
Intimidate another person,
…with the intention of causing that person to fear physical or mental harm.
Importantly, the prosecution does not need to prove that the alleged victim actually experienced fear; it only needs to show that the accused intended to cause fear or knew their conduct was likely to cause fear.
These offences can be prosecuted in the Local Court, and in more serious matters the prosecution may elect to proceed in the District Court.
Under NSW law, stalking includes patterns of behaviour that involve:
Following someone personally,
Watching or frequenting the vicinity of the person’s home, workplace or places they regularly visit,
Contacting the person repeatedly via phone, text, social media or other technological means,
Tracking or monitoring the person’s movement or communications.
These behaviours can constitute stalking even if there is no direct contact with the person, so long as the conduct is part of a persistent course of behaviour intended to cause fear.
Intimidation involves conduct that would cause a reasonable person to fear for their safety or that of others. This can include:
Harassment or molestation, including repeated unwanted communications, threats or aggressive behaviour
Cyberbullying or online harassment
Threats of violence or harm to a person, their family, property or pets
Repeated approaches or contact by telephone, text, email or social media.
Intimidation often occurs in contexts such as domestic relationships or ongoing interpersonal disputes.
To prove a stalking or intimidation charge, the prosecution must establish beyond reasonable doubt that:
You stalked or intimidated another person; and
You intended to cause that person to fear physical or mental harm, or you knew your conduct was likely to cause such fear.
The law treats the intention to cause fear broadly, meaning that if you knew your behaviour was likely to cause fear, that is sufficient for the offence.
Stalking and intimidation are serious matters. Penalties may include:
Imprisonment of up to 5 years, and/or
Fines (up to 50 penalty units – around $5,500).
In most cases, these offences are dealt with summarily in the Local Court, where the maximum term is usually 2 years’ imprisonment plus fines, unless the prosecution elects for the matter to be heard in the District Court.
Sentencing outcomes vary widely and depend on:
Severity and pattern of conduct
Whether the matter is “domestic violence related”
Prior criminal history
Impact on the alleged victim
Mitigating or aggravating factors presented to the court.
At ADADA Legal, we carefully assess your case and craft a defence strategy tailored to your circumstances. Common defence approaches include:
Arguing that the conduct alleged did not meet the legal definition of stalking or intimidation
Demonstrating lack of intention to cause fear or knowledge of likely fear
Challenging credibility of evidence or complainant statements
Contesting allegations based on mistaken identity or misinterpretation of conduct
Negotiating outcomes such as reduced charges or non-custodial orders.
Early legal advice is vital to preserve evidence, document your version of events and challenge procedural issues before the case progresses.
No. The prosecution does not need to prove that the alleged victim actually feared harm — only that the accused intended to cause fear or knew the conduct was likely to cause fear.
Yes – repeated unwanted messages, posts, tags, comments or online approaches can be part of stalking or intimidation conduct.
Yes. A conviction will appear on your criminal record, affecting employment, travel, licences and future opportunities. Early legal representation can sometimes achieve non-conviction outcomes.
Not always. While many stalking or intimidation cases overlap with domestic violence, it can also occur in personal or non-domestic contexts.
In some cases, early engagement with police may result in charges being withdrawn if there are evidential weaknesses or misunderstandings.
Yes. Even first-time allegations carry serious consequences and require strategic advocacy to protect your rights and future.
Stalking and intimidation allegations are complex and can profoundly affect your life. If you face charges in NSW, contact ADADA Legal for expert legal advice, tailored defence strategies and strong representation at every stage of your matter — from police interview to court proceedings.
Contact ADADA Legal today for clear, confidential guidance and a strategic approach tailored to your situation.
If you’re facing criminal or traffic charges, early advice can make a critical difference. Contact ADADA Legal today for clear, confidential guidance and a strategic approach tailored to your situation. Complete the form and our team will be in touch promptly to discuss how we can help.
Suite 207/30 Campbell Street, Blacktown, NSW 2148
0451 444 446
info@adadalegal.com.au
