Introduction

Stalking and intimidation offences are among the most commonly prosecuted criminal offences in New South Wales. While many people associate these offences with repeated following or threatening behaviour, the law is much broader than many realise. Conduct such as persistent unwanted messages, repeated phone calls, monitoring someone’s movements, threatening communications or intimidating behaviour may all amount to criminal offences depending on the circumstances.

In today’s digital world, allegations of stalking increasingly arise through social media, text messages, email, GPS tracking, fake online accounts and other forms of electronic communication. A person does not need to physically follow another individual before criminal liability may arise.

The consequences of a conviction can be significant. In addition to criminal penalties, a person may become subject to an Apprehended Violence Order (AVO), experience restrictions on employment, professional licences, firearms ownership, overseas travel and future police checks.

Being accused of stalking or intimidation does not automatically mean you are guilty. The prosecution must prove every element of the offence beyond reasonable doubt, and several legal defences may be available depending on the facts.

This article explains stalking and intimidation offences in NSW, the penalties that may apply, how police investigate these matters and what you should do if you are charged.

What Are Stalking and Intimidation Offences?

Stalking and intimidation offences are primarily prosecuted under the Crimes (Domestic and Personal Violence) Act 2007 (NSW).

Broadly speaking, it is an offence to stalk or intimidate another person with the intention of causing that person to fear physical or mental harm.

The alleged victim does not necessarily need to suffer actual physical injury for criminal liability to arise.

What is Stalking?

Stalking generally involves a pattern of behaviour directed towards another person.

Examples may include:

• Repeatedly following someone
• Watching or monitoring their movements
• Attending their home or workplace
• Waiting outside locations they frequently visit
• Contacting them after being asked to stop
• Monitoring their online activity
• Using tracking devices.

Whether conduct amounts to stalking depends on all the surrounding circumstances.

What is Intimidation?

Intimidation extends well beyond making direct threats.

It may include behaviour intended to cause another person to fear for their safety or wellbeing.

Examples include:

• Verbal threats
• Threatening gestures
• Repeated unwanted communication
• Property damage
• Abusive messages
• Threats against family members
• Publishing private information
• Conduct designed to cause ongoing fear.

The behaviour may occur in person, by telephone or online.

Cyberstalking

Technology has significantly changed how stalking allegations arise.

Modern investigations frequently involve:

• Text messages
• Emails
• Social media posts
• Fake online profiles
• Messaging applications
• GPS tracking
• Location-sharing applications
• Online harassment.

Deleting messages after they are sent does not necessarily prevent police from obtaining evidence.

Social Media and Online Harassment

Social media has become a common source of criminal allegations.

Examples include:

• Repeated unwanted messages
• Creating fake accounts
• Posting threatening comments
• Sharing private photographs
• Publishing personal information
• Encouraging others to contact the victim.

Even where no physical contact occurs, online conduct may still amount to intimidation.

Domestic Relationships

Many stalking and intimidation charges arise following relationship breakdowns.

Examples include:

• Repeated phone calls
• Attending a former partner’s home
• Monitoring social media
• Contacting friends or family members
• Sending unwanted gifts
• Repeatedly driving past a residence.

Where domestic relationships are involved, police frequently apply for an Apprehended Domestic Violence Order (ADVO).

Workplace Stalking

Workplace disputes sometimes give rise to criminal allegations.

Examples include:

• Repeatedly attending a workplace
• Contacting colleagues
• Threatening managers
• Monitoring employees
• Unwanted surveillance.

Employers may also take disciplinary action independent of any criminal proceedings.

School and University Settings

Stalking allegations may also arise in educational settings.

Examples include:

• Repeated unwanted contact
• Persistent following
• Threatening communications
• Online harassment between students.

These matters may involve both criminal proceedings and disciplinary action.

Police Investigations

Police investigate stalking allegations thoroughly.

Evidence commonly includes:

• Text messages
• Emails
• Social media records
• Phone records
• CCTV footage
• Witness statements
• Photographs
• GPS data
• Electronic devices.

Digital evidence has become increasingly important in these investigations.

Search Warrants and Electronic Evidence

Police may seek warrants to examine:

• Mobile phones
• Computers
• Tablets
• Cloud storage
• Social media accounts
• Messaging applications.

Deleted material may sometimes be recovered through forensic examination.

Apprehended Violence Orders (AVOs)

Many stalking allegations are accompanied by an application for an AVO.

An AVO is separate from the criminal charge.

It may impose restrictions including:

• Not contacting the protected person
• Not approaching specified locations
• Not publishing material online
• Not possessing firearms
• Avoiding certain family members.

Breaching an AVO is itself a separate criminal offence.

Possible Penalties

The penalty imposed depends upon:

• Seriousness of the conduct
• Duration of the behaviour
• Prior criminal history
• Domestic relationship
• Compliance with court orders
• Impact on the victim.

Possible sentencing outcomes include:

• Conditional Release Orders
• Community Correction Orders
• Intensive Correction Orders
• Fines
• Imprisonment.

The court also considers whether ongoing protection for the complainant is necessary.

Common Defences

Every case depends upon its own facts.

Potential defences include:

The Conduct Did Not Amount to Stalking

Not every unwanted interaction amounts to criminal stalking.

The prosecution must prove the conduct satisfied the legal definition.

Lack of Intent

The prosecution must establish the required intention.

Misunderstandings or accidental contact may not satisfy the legal requirements.

Identification

Police must prove who sent the communications or engaged in the alleged conduct.

This may become relevant where:

• Multiple people accessed devices
• Fake accounts were created
• Accounts were compromised.

False Allegations

Unfortunately, false allegations occasionally arise during:

• Relationship breakdowns
• Parenting disputes
• Neighbourhood conflicts
• Workplace disagreements.

Careful examination of the evidence is essential.

Police Cannot Prove the Case

The prosecution bears the burden of proof.

If reasonable doubt exists regarding any essential element of the offence, the accused must be acquitted.

What Should You Do if Police Contact You?

If police contact you regarding stalking allegations:

• Remain calm
• Avoid contacting the complainant
• Comply with any existing court orders
• Preserve relevant communications
• Avoid deleting electronic records
• Seek legal advice before participating in a formal interview.

Many people unintentionally strengthen the prosecution case by attempting to explain themselves before receiving legal advice.

Will a Conviction Affect My Future?

Yes.

A conviction may affect:

• Employment
• Working with children clearances
• Firearms licences
• Professional registrations
• Overseas travel
• Visa applications
• Future criminal proceedings.

The consequences often extend well beyond the court penalty itself.

Why Early Legal Advice Matters

An experienced criminal defence lawyer can:

• Review the prosecution evidence
• Analyse electronic communications
• Identify weaknesses in the police case
• Advise on available defences
• Represent you in AVO proceedings
• Negotiate with prosecutors where appropriate
• Prepare sentencing submissions if required.

Early legal advice often improves the prospects of achieving the best possible outcome.

How Aquarius Lawyers Can Help

Aquarius Lawyers represents clients throughout NSW facing stalking, intimidation and domestic violence-related allegations.

We understand that these matters are often emotionally charged and frequently involve disputed facts, electronic evidence and parallel AVO proceedings.

Our team can assist by:

• Reviewing police evidence
• Advising on stalking and intimidation allegations
• Representing clients during police interviews
• Defending AVO applications
• Appearing in Local Court
• Negotiating with prosecutors where appropriate
• Preparing comprehensive sentencing submissions where necessary.

Every case is different. The nature of the alleged conduct, the available evidence and the surrounding circumstances will all influence the outcome.

If you have been accused of stalking or intimidation, or police have asked you to attend an interview, obtain legal advice before making any statements. Early representation can protect your legal rights and maximise your prospects of achieving the best possible outcome.