Stalking or intimidation with intent to cause fear carries up to 5 years' imprisonment under section 13 of the Crimes (Domestic and Personal Violence) Act 2007, and is very often accompanied by an AVO application.
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Stalking or intimidation with intent to cause fear of physical or mental harm carries a maximum penalty of 5 years' imprisonment and/or a fine of 50 penalty units under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). The charge is usually accompanied by a police application for an Apprehended Violence Order, and is generally finalised in the Local Court unless the matter is elected to the District Court.
Section 13 of the Crimes (Domestic and Personal Violence) Act 2007(NSW) makes it an offence to stalk or intimidate another person with intent to cause them to fear physical or mental harm. "Intimidation" and "stalking" are each defined broadly elsewhere in the Act.
Because these definitions are broad, the line between conduct that is unwelcome but lawful, and conduct that crosses into criminal territory, is not always obvious to the person accused of it. Continuing to message an ex-partner after being asked to stop, turning up uninvited at a former friend's workplace, or repeatedly driving past someone's home can all be relied on by police, even where the person involved genuinely didn't see their own behaviour as threatening.
These charges arise constantly out of the breakdown of a relationship, a family dispute, or a workplace conflict, where one person continues to contact, approach, or monitor another after being asked to stop. Because the conduct can be entirely non-violent on its face — persistent messaging, showing up uninvited, or watching from a distance — people are often surprised that it can attract a criminal charge at all, let alone one carrying a maximum term of imprisonment.
A person who stalks or intimidates another person with the intention of causing the other person to fear physical or mental harm is guilty of an offence.
— Section 13, Stalking or Intimidation
What separates a genuine intimidation or stalking offence from an ordinary, if unwelcome, dispute is the effect the conduct actually had, or would reasonably be expected to have, on the other person. That's a fact-specific question, and the history between the parties — whether it's a former partner, an ex-employee, or a neighbour — is almost always central to how the prosecution frames its case and how it can be answered.
Already been served with an AVO application? See our AVO lawyers Sydney page for how those proceedings work alongside this charge.
| Circumstance | Maximum Penalty | Court | Typical Outcome |
|---|---|---|---|
| Standard offence (s13) | 5 years imprisonment and/or 50 penalty units | Local Court (District Court on election) | Fine, bond, or CRO for a first offence with limited conduct |
| Charged alongside an AVO application | 5 years imprisonment | Local Court | AVO and criminal charge run together; AVO conditions can restrict contact immediately |
| Repeat conduct or prior AVO breach history | 5 years imprisonment | Local Court | Community Correction Order or imprisonment more likely |
Courts weigh the pattern and duration of the conduct, and the level of fear actually caused, heavily in deciding where a sentence lands within this range.
These charges hinge heavily on intent and context, which leaves genuine room to defend them properly. Our lawyers scrutinise the alleged conduct and its context to establish valid legal defences, which may include:
Where the statutory presumption of intent applies, we can lead evidence showing you never intended to cause fear of physical or mental harm, to rebut it on the balance of probabilities. Context and your prior relationship with the complainant are often central to this argument.
Genuine, necessary communication — such as arranging child access or resolving a shared tenancy or workplace issue — may fall outside the intended scope of the offence. Message history and correspondence are usually key evidence here.
If the conduct alleged would not, on any reasonable view, have caused fear of physical or mental harm, an essential element of the offence is missing. This is assessed objectively, not simply on how the complainant says they felt.
Where the alleged conduct is denied outright, or the complainant's account is inconsistent with other evidence, this can be tested at a defended hearing. Call records, location data and messages are often used to test these accounts.
Because these matters usually involve a criminal charge and a civil AVO application running side by side, the process can feel more complicated than a standard criminal matter. Understanding how the two interact at each stage makes it easier to plan your response.
Police typically charge you and apply for a Provisional AVO in the same appearance, which takes effect immediately and can restrict contact with the protected person, including access to a shared home.
At your first Local Court appearance, the criminal charge and AVO application are both listed, and you indicate whether you intend to plead guilty or contest the matters, with directions made for the exchange of evidence.
Your lawyer reviews the evidence and can negotiate with police over both the charge and any AVO conditions, including whether to consent to an AVO without admissions to avoid a defended hearing.
If contested, the charge and AVO application may be heard together or separately; if you plead guilty or are found guilty, the Magistrate proceeds to sentencing after hearing submissions.
Outcomes range from a Section 10 dismissal or bond through to a Community Correction Order or imprisonment, with a final AVO commonly remaining in place regardless of the criminal outcome reached.
Intimidation and stalking matters often arise from deeply personal disputes, and getting the strategy right on both the criminal charge and any AVO application at the same time takes real experience. We take the time to understand the full context of your situation before recommending a way forward.
We handle the criminal charge and any AVO application together, so your defence and your protective order position are aligned rather than working against each other.
We scrutinise messages, call logs and witness statements for inconsistencies and context the prosecution may have left out, including the history between the parties.
We offer transparent, fixed-fee structures for intimidation and stalking matters wherever possible, so you always know where you stand financially.
Charged or served with a Provisional AVO after hours? We are always available for urgent advice, including on evenings and weekends.
Also dealing with an AVO application? See our AVO lawyers Sydney page, or learn more about our firm on our About page.
Author: Muhammad Siddique, Criminal Defence Lawyer | Reviewed by: NS Criminal Lawyers and Associates | Last reviewed: July 2026 | Jurisdiction: New South Wales
The information on this website is general information only and is not legal advice. You should obtain legal advice about your specific circumstances.
