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?

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.