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Criminal Defence Lawyers for Stalk & Intimidate Offences

The offence of stalk/intimidate is dealt with under section 13 of the Crimes (Domestic and Personal Violence) Act 2007. This section prescribes that ‘a person who stalks or intimidate another person with the intention of causing the other person to fear physical or mental harm is guilty of an offence.’

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Charged or Accused with Stalking and Intimidation?

When facing charges of stalking and intimidation, it's crucial to recognise the prevalence of false accusations, particularly in relationships. Partnerships can sometimes turn sour, leading one party to falsely accuse the other, resulting in potentially life-altering consequences.

False allegations of stalking and intimidation can lead to the issuance of Apprehended Domestic Violence Orders (ADVOs) by law enforcement. These orders can significantly impact the lives of those accused, affecting personal relationships, employment opportunities, and overall well-being.

Seeking legal representation is paramount when confronted with such serious allegations. A skilled defence lawyer can navigate the legal complexities, challenge false claims, work towards a favourable outcome and a fair solution. It's essential to act promptly to protect your rights and mitigate the potential consequences of false accusations. 

Your search for a Defence Lawyer who will provide you with unrivalled service ends here.Book a free initial consultation with our expert stalk and intimidate Lawyers.

Why choose Faraj Defence Lawyers?

Choosing the right legal representation can make all the difference when facing stalking and intimidation charges, at Faraj Defence Lawyers we stand out as the optimal choice for defendants seeking expert guidance and unwavering support. So what makes us different?

01

Free initial consultation

We understand the importance of an initial assessment, which is why we offer free consultations to discuss the specifics of your case.

02

Expert Defence Strategies

We craft meticulous defence strategies aimed at securing favourable outcomes, including aiming and securing Section 10 dismissals & non-convictions.

03

Unwavering Support and Guidance

Unwavering support and guidance from the beginning to the resolution of your case, ensuring you are informed and empowered throughout.

04

Negotiation Expertise

Our extensive knowledge on dealing with the prosecution has allowed us to develop expert negotiation strategies that will tip the scales in our favour.

05

Direct Access to Senior Criminal Lawyer

Direct access to a senior criminal lawyer who will oversee your case. Ensuring your matter is handled with the utmost expertise and attention it deserves.

06

Fixed Fees and Transparent Pricing

We believe in transparency. Our firm operates on fixed fees, providing clarity on costs from the outset. Eliminating any unexpected financial burdens.

What is the offence of Stalking & Intimidation?

The offence of stalking and intimidation is addressed under section 13 of the Crimes (Domestic and Personal Violence) Act 2007. In essence it involves engaging in persistent unwanted behaviours with the explicit aim of instilling fear or apprehension in the victim. Stalking typically involves repeated, unwanted attention, while intimidation involves actions aimed at inducing fear or apprehension in the victim.

What is stalking?

Stalking, as outlined in Section 8 of the Crimes (Domestic and Personal Violence) Act 2007, involved various behaviours such as:

  • Following or pursuing an individual,

  • Approaching, observing, or loitering near a person's residence, business, workplace, or any location they frequent for social or leisure activities,

  • Contacting or approaching a person through the internet or other technologically assisted means.

When assessing whether conduct constitutes intimidation or stalking, a court may consider any patterns of violence in the individual's behaviour. 

According to the New South Wales Bureau of Crime and Statistics, over half of stalking/intimidation incidents are related to domestic violence, often characterised by intimidation through threats or verbal abuse rather than physical stalking.

WHAT IS INTIMIDATION?

Intimidation, as outlined in Section 7 of the Crimes (Domestic and Personal Violence) Act 2007, encompasses various forms of behaviour, including:

  • Conduct constituting harassment or molestation,

  • Instances of cyberbullying,

  • Approaches made through any means, such as telephone, text, or online messaging, inducing fear for personal safety,

  • Actions leading to a reasonable apprehension of injury to oneself, a person in a domestic relationship, or another individual,

  • Behaviour causing a reasonable person to anticipate violence, damage to any person or property, or harm to an animal associated with the person or another party in a domestic relationship,

  • Conduct involving the coercion, deception, or threat to a child or person, compelling them to enter into a forced marriage.

How do I beat the charge of Stalking & Intimidation?

WHAT THE PROSECUTION NEEDS TO PROVE

In order to beat a stalking and intimidation charge, it requires the construction of a robust defence that specifically targets the prosecution's ability to prove key elements. This involves scrutinising the evidence for gaps, disputing the alleged intent to cause fear, leveraging legal technicalities, and introducing contradictory evidence. 

The goal is to cast doubt on the prosecution's case, showing that they fail to meet the necessary burden of proof beyond a reasonable doubt. 

To be found guilty, the prosecution must prove the following factors, beyond reasonable doubt:

  • You stalked or intimidated another person,

  • You intended to cause them to fear physical or mental harm.

The prosecution is not required to prove that the person alleged to have been stalked orintimidated actually feared physical or mental harm. Furthermore, a person will be taken to have intended to cause fear of physical or mental harm if they knew that the conduct is likely to cause fear in the other person. 

By engaging an expert legal team like Faraj Defence Lawyers, defendants ensure a strategic and comprehensive defence that challenges the prosecution's case at every critical point, increasing the likelihood of a favourable outcome.

What are the penalties for stalking & intimidation?

The offence of stalking and intimidation carrieA maximum penalty of 5 years imprisonment and/or a $5,500 fine is applicable.

However, this offence is classified as a ‘table 2 offence’. This means that it will be dealt with summarily in the Local Court unless the prosecution elects for the matter to be dealt with in the District Court.

In practice, this means it will usually be dealt with in the Local Court, where the maximum penalty is limited to 2 years imprisonment and/or a $5,500 fine.

Depending on the circumstances, alternative penalties may imposed, this includes:

  • S10(1)(A) dismissal.

  • Conditional release order without conviction.

  • Conditional release order with conviction.

  • Fine.

  • Community corrections order.

  • Intensive corrections order.

Additionally, individuals may face the imposition of Apprehended Violence Orders (AVO/ADVO) by the police for stalking and intimidation. At Faraj Defence Lawyers we also specialise in assisting clients to contest and defend against AVOs and ADVO’S. 

What are the available defences for Stalking & Intimidate?

Facing a stalk and intimidate charge can be overwhelming, but understanding potential defences can provide some clarity, here is a simplified breakdown of some defences you and your legal team may consider:

  • False Allegation: A powerful defence against stalking and intimidation charges is proving that the accusations are false. This may involve presenting evidence that discredits the credibility of the accuser, demonstrating inconsistencies in their statements, or revealing ulterior motives behind the allegations.

  • Acts Not Amounting to Stalking or Intimidation: Challenging the prosecution's claim that the accused's actions constitute stalking or intimidation is a viable defence. This defence involves scrutinising the specific behaviours in question, emphasising that they fall short of the legal criteria for stalking or intimidation.

  • Lack of Intent to Cause Harm: Demonstrating that there was no intent to cause physical or mental harm is a crucial defence. This may involve presenting evidence of a lack of aggressive behaviour, misunderstandings, or the absence of any overtly threatening actions, emphasising that the accused did not harbour an intention to cause harm.

  • Self-Defense: In certain situations, asserting self-defence can be a valid defence against stalking and intimidation charges. This defence contends that the accused's actions were a reasonable response to a perceived threat, emphasising the necessity to protect oneself from harm.

  • Mistaken Identity: If the prosecution cannot conclusively establish the identity of the alleged perpetrator, asserting mistaken identity becomes a viable defence. This defence challenges the accuracy of the identification, questioning whether the accused is genuinely the individual responsible for the alleged stalking or intimidation.

  • Necessity or Duress: The defence of necessity or duress argues that the accused engaged in stalking or intimidation under compelling circumstances, such as a genuine fear for their own safety or the safety of others, rendering their actions justifiable in the given situation.

  • Mental Illness: If the accused was suffering from a mental illness that impaired their capacity to understand the nature of their actions, this can be raised as a defence. Establishing a connection between the mental state of the accused and the alleged offences is crucial in asserting this defence.

Speak to expert Stalk & Intimidate Defence Lawyers today.

If you find yourself charged with stalking and intimidation, Faraj Defence Lawyers stands as your beacon of expert legal support. We specialise in Domestic Violence cases related to stalking and intimidation, consistently securing favourable outcomes for our clients. We understand the emotional weight that legal challenges bring, and we're here to lift that burden. 

Our seasoned defence lawyers are ready to speak with you directly, offering a tailored approach to your case. Don't leave your future to chance! Call us today at (02) 8896 6034 to book a free consultation with one of our senior assault lawyers and take the first step towards a robust defence.

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Frequently asked Questions

What are some examples of actions that might be considered stalking or intimidation?

Certain behaviours may fall under the category of stalking, including persistently contacting someone through calls, emails, or messages after being explicitly told not to do so. Uninvited appearances at a person's residence or workplace are also potential indicators of stalking, as well as the act of following someone throughout their daily activities.

On the other hand, actions that may be classified as intimidation involve physically threatening an individual or their family, pointing objects that could be perceived as weapons, and issuing threats to cause harm to someone's property, like their vehicle. Recognising these examples is essential in understanding the potential legal ramifications of such behaviours.

What are the considerations the court takes when sentencing for a stalk/intimidate charge?

The court considers various factors when determining the appropriate sentencing for a stalking or intimidation charge. These considerations are vital in evaluating the conduct of the accused, the circumstances surrounding the crime, and the personal attributes of the offender.

Objective Considerations:
The court assesses the objective seriousness of the crime, including the method employed for stalking or intimidation. Whether the actions were face-to-face, via communication channels, or through other people plays a role in determining the severity of the offence. The degree of directness in threats, the nature of threats made, the duration of the offence, the location where it occurred, and the level of planning involved are all crucial factors in gauging the gravity of the offence.

Subjective Considerations:
Personal circumstances of the offender are equally important. The court examines the individual's prior criminal record, with those without a history of criminal activity potentially receiving a more lenient sentence. The presence of remorse, demonstrated through a sincere acknowledgment of guilt and perhaps an apology to the court, is considered. 

Additionally, the character of the accused, supported by character references, is taken into account. Mental well-being, both at the time of the offence and its potential contribution, is also a vital element, with mental health applications providing an avenue for diversion from traditional court proceedings. 

These factors collectively shape the court's sentencing decision, emphasising a comprehensive evaluation of both the objective and subjective aspects of the case.

What are my options in court for a stalking & intimidation offence?

When facing a stalking and intimidation charge, you'll encounter crucial decisions regarding your plea. Understanding your options can significantly impact the outcome of your case.
Pleading Guilty:
Opting to plead guilty in a stalking and intimidation case involves admitting to the charges put against you. While this acknowledgment may result in a conviction, it can convey remorse to the court. Expressing genuine remorse, cooperating with authorities, and demonstrating a commitment to addressing the issue may be pivotal in influencing the court's perception. 

Importantly, pleading guilty can lead to more favourable sentences or alternative penalties with the help of your defence lawyers presenting the relevant mitigating factors involving your case. 

Pleading Not Guilty:
Choosing to plead not guilty means challenging the stalking and intimidation charges, placing the burden on the prosecution to prove your guilt beyond a reasonable doubt. This decision initiates a trial where your defence strategy can involve scrutinising evidence, questioning the credibility of witnesses, and presenting an alternative narrative. 

A successful defence could result in an acquittal, clearing your name of the allegations. Seeking legal guidance is vital when considering a not guilty plea, as an experienced defence lawyer can assess the strength of the evidence specific to your stalking and intimidation case.

How will being charged with the Offence of Stalk/Intimidate affect my life?

A criminal lawyer is your mouthpiece both in and out of court when talking to Judges, prosecutors, witnesses, media and police officers. They protect your rights, advise and guide you through criminal proceedings, fight to get charges dropped by negotiations and fierce representation in court. They also carefully review the police evidence, find inconsistencies in them, and strengthen your defence, all to maximise your chances at getting the best possible result.

  • Legal Ramifications:

    • Criminal Record: A conviction can result in a permanent criminal record, influencing future employment opportunities and professional prospects.

    • Penalties: Stalking and intimidation charges may lead to significant fines, potential imprisonment, or alternative penalties, impacting your financial stability and personal freedom.

  • Personal Relationships:

    • Restraining Orders: The court may impose an AVO/ADVO, limiting contact with the alleged victim. This can strain personal relationships and impact familial dynamics.

    • Social Stigma: The social stigma associated with such charges can lead to isolation and strained relationships within your community. 

  • Professional Consequences:

    • Employment: A criminal record may affect current employment and hinder future job prospects, especially in roles that require trust and responsibility.

    • Licensing Issues: Certain professions require clean records, and a conviction may result in the revocation of licences or certifications.

  • Emotional and Mental Well-being:

    • Stress and Anxiety: The legal process can be emotionally draining, leading to heightened stress and anxiety.

    • Public Perception: Facing criminal charges can result in judgement from peers and acquaintances, affecting your mental well-being.

  • Financial Strain:

    • Legal Costs: Defending against stalking and intimidation charges can lead to substantial legal expenses.

    • Loss of Income: Disruptions to employment can lead to financial instability and strain.

  • Future Implications:

    • Child Custody: If you are a parent, a stalking or intimidation charge can influence child custody arrangements and negatively affect family law proceedings. 

    • Travel Restrictions: Certain convictions may result in travel restrictions or visa denials for international travel.

Contact us for representation today

We look forward to helping you in your time of need and assisting you in achieving justice. We know how stressful these times can be therefore, your enquiry will be responded to within the same day.

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We look forward to helping you in your time of need and assisting you in achieving justice. We know how stressful these times can be therefore, your enquiry will be responded to within the same day.

Case Type:
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.