Most think stalking means hiding in bushes, but many NSW cases involve repeated messages, calls, DMs, drive-bys, or visits after a breakup or conflict.
If accused, knowing the law can help prevent things from getting worse.
1) The offence in NSW (and why it’s taken seriously)
In NSW, section 13 of the Crimes (Domestic and Personal Violence) Act 2007 makes it an offence to stalk or intimidate another person with the intention of causing them to fear physical or mental harm. [www5.austlii.edu.au], [www5.austlii.edu.au]
The section also states the prosecution doesn’t have to prove the person actually feared harm. [www5.austlii.edu.au]
Official legislation links:
- Crimes (Domestic and Personal Violence) Act 2007 (NSW)
- Section 13 – stalking or intimidation with intent
2) Intent matters, but it’s not always what people think
Section 13 addresses intention to cause fear of harm. This means that even if someone says, “I didn’t mean it like that,” the conduct may still be considered intimidation if it is likely to cause fear.
This is where context becomes evidence:
- frequency and pattern of contact,
- timing (after being told to stop),
- prior conflict,
- and any implied threats.
3) Why “just one more message” can be the worst decision
If told to stop contact, or if police are involved, stop and get advice.
Continuing to contact can:
- add fresh evidence,
- escalate the allegation,
- and in some situations contribute to more restrictive AVO conditions being sought (or breached).
4) What to do if police contact you
If police want a statement or an interview, or if they’ve served paperwork, get advice first. A good defence strategy is built on:
- the actual communications,
- What can be proven, and
- what lawful explanations or defences may apply in the circumstances.
Stalking cases move quickly. Stay steady, not reactive.
Take the first step, contact Bell Lawyers now for urgent legal help.
Facing stalking or intimidation allegations in NSW? Call Bell Lawyers immediately for experienced representation and advice that addresses your exact charge and evidence.
