Stalking and Intimidation

Stalking and intimidation crimes can start with a string of late‑night texts and end with police at your door. They most often involve repeated contact, threats, or close‑range spying that causes someone to fear physical or mental harm.

These offences sit under section 13 of the Crimes (Domestic and Personal Violence) Act 2007. The maximum punishment is five years in prison or a fine of 50 penalty units.

If you’re caught up in it—whether as the accused or the target—you need clear advice fast. Whatever the situation, our team is on hand to protect your legal rights.

What Stalking and Intimidation Looks Like

You don’t need to make threats or cause harm to be charged—stalking and intimidation cover a wide range of behaviours that can deeply affect someone’s sense of safety.

Stalking often involves following someone repeatedly, loitering near their home or workplace, or keeping track of their movements through GPS, social media, or tracking apps. Even something like constant messaging or calls—especially after being told to stop—can be seen as stalking.

Intimidation can include threatening someone, their family, or even their pets. It may also involve showing up uninvited, making repeated contact, or sharing someone’s private content online to scare or control them.

The court will look at patterns of behaviour, any history of violence, and whether there are existing or past Apprehended Violence Orders (AVOs) in place.

Proof the Police Must Show

To secure a conviction, prosecutors have to prove beyond reasonable doubt that you:

Stalked or intimidated another person, and
Intended they would fear physical or mental harm (knowing your actions were likely to cause that fear is enough).

The prosecution does not need to show the victim actually felt afraid—only that you intended they would.

Penalties and Possible Outcomes

While five years is the ceiling, courts often order lighter sentences when the conduct is less severe or you have no prior record. Possible outcomes include:

Section 10 dismissal (no conviction)
Conditional Release Orders or Good Behaviour Bonds
Community Correction Orders, Community Service, or an Intensive Corrections Order
Home detention

More serious or repeated conduct may still land you behind bars.

Defences That May Apply

Common arguments include:

You didn’t carry out the alleged behaviour.
The conduct doesn’t meet the legal test for stalking or intimidation.
You lacked intent to cause fear.
General defences such as duress or necessity.

Early case review is critical—weak points can lead to dropped charges long before trial.

Support Orders and Extra Protection

Victims can seek an Apprehended Violence Order (AVO) through police or a private application. An AVO can ban the accused from contact, restrict movement, and set tech‑use limits. Breaching an AVO is a separate crime that can trigger immediate arrest.

How CIA Lawyers Can Help

CIA Lawyers handles stalking and intimidation cases with skill, discretion, and a strong focus on results. Whether you’re facing charges or looking to apply for an Apprehended Violence Order (AVO), we’ll guide you through every step.

We closely examine the police evidence and identify any weaknesses in their case. Our team prepares strong bail applications and, where appropriate, negotiates with police or prosecutors to have charges reduced—or dropped altogether. If your case goes to court, we’ll work toward the best possible result, including avoiding a conviction where the law allows.

If you’ve been contacted by police or need protection from threatening behaviour, don’t wait. Contact us now for expert legal advice and immediate support.

FAQs

Q: Is online harassment considered stalking?

A: Yes. Repeatedly contacting someone via texts, emails, social media, or other digital means after being told to stop can be classified as stalking.

Q: What happens if someone is found guilty of stalking or intimidation?

A: Penalties vary but can include fines, community orders, or even imprisonment for up to five years depending on the severity and circumstances.

Q: Can I defend myself if I didn’t intend to cause fear?

A: Intent is a key element in these offences. If you can prove you did not intend to cause fear or harm, it could be a valid defence.

Our Process

1. Consultation

Connect with a qualified solicitor to discuss your immigration needs and determine the best strategy for securing your visa under Australian immigration law.

2. Application

Our legal consultants will guide you through the preparation of all required documentation, including any necessary written or oral submissions.

3. Approval

We stand by your side throughout the entire process, advocating on your behalf and supporting you until your visa application is successfully approved.