Stalking and intimidation are serious criminal offences in New South Wales. Even where no physical violence has occurred, conduct that causes another person to fear harm can result in significant penalties. Section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) makes it an offence to stalk or intimidate another person with the intent to cause fear of physical or mental harm. This article explains what the law covers, the penalties involved, and how Nichole Orr from Orr Legal can assist if you are charged.

What Is Stalking Under the Law?

Stalking involves engaging in conduct that causes another person to feel harassed, watched, or pursued. Under the legislation, stalking can include:

  • Following a person

  • Watching or frequenting a person’s home, workplace, or other regular location

  • Repeatedly contacting someone through phone calls, text messages, email, or social media

  • Tracking someone electronically

  • Loitering near a person’s residence or place of employment

Stalking does not require physical contact. Repeated unwanted behaviour that causes fear is enough.

What Is Intimidation?

Intimidation involves conduct that causes a person to fear physical or mental harm. This can include:

  • Threats of violence

  • Harassment or persistent unwanted communication

  • Damaging property

  • Conduct intended to make someone fearful or anxious

The prosecution must prove that the accused intended to cause fear of physical or mental harm, or was reckless as to whether such fear would result.

Penalties for Stalking and Intimidation

The maximum penalty under Section 13 is 5 years’ imprisonment and/or a fine. The seriousness of the penalty depends on:

  • Whether there is a history of similar conduct

  • Whether the matter involves a domestic relationship

  • Whether the conduct breached an Apprehended Violence Order

  • The level of fear or harm caused to the victim

In many cases, police may also apply for an Apprehended Violence Order in addition to laying criminal charges.

What Must the Prosecution Prove?

To secure a conviction, the prosecution must prove beyond reasonable doubt that:

  • The accused engaged in conduct amounting to stalking or intimidation

  • The conduct was intentional or reckless

  • The conduct caused the victim to fear physical or mental harm

The court will consider the context of the relationship, the pattern of behaviour, and whether the alleged victim’s fear was reasonable in the circumstances.

Defences to a Charge Under Section 13

Possible defences may include:

  • The conduct did not occur

  • The conduct was not intended to cause fear

  • The accused was not the person responsible

  • The alleged victim did not genuinely fear harm

  • The behaviour was reasonable in the circumstances

Every case is fact-specific. Careful examination of phone records, messages, CCTV, and witness statements is often critical.

What Happens If You Are Charged?

If you are charged with stalking or intimidation, you may:

  • Be arrested and granted or refused bail

  • Be subject to an interim Apprehended Violence Order

  • Be required to attend the Local Court

  • Face restrictions on contact with the alleged victim

A conviction can result in imprisonment, fines, a criminal record, and significant restrictions on your personal and professional life.

Why Choose Nichole Orr from Orr Legal?

Stalking and intimidation allegations can arise from complex personal relationships and may involve misunderstandings or exaggerated claims. Nichole Orr provides practical, strategic legal advice to ensure your rights are protected and your case is presented effectively.

Orr Legal can assist with:

  • Reviewing all the evidence and identifying weaknesses in the prosecution’s case

  • Advising you on plea options and likely outcomes

  • Representing you in bail hearings and court proceedings

  • Challenging or negotiating related Apprehended Violence Orders

  • Working to minimise penalties or seek dismissal where appropriate

If you are facing charges for stalking or intimidation under Section 13, contact Orr Legal today for clear and confidential legal advice.