Stalking or Intimidation with Intent to Cause Dear of Physical or Mental Harm Domestic Violence Related

Under Section 13 of the Australian Criminal Code (Domestic Violence), it is an offence to stalk or intimidate another person with the intent to cause physical or mental harm. The maximum penalty is:

• Up to 5 years' imprisonment
• 50 penalty units
• Or both

The Australian legal system has adopted a zero-tolerance stance on domestic violence, leading courts to impose severe penalties. Seeking expert legal representation is crucial in these cases.

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What the Prosecution Must ProveTo secure a conviction, the prosecution must establish that the accused engaged in:

Intimidation, which includes:

• Harassing or distressing behaviour
• Contacting the victim (e.g., phone, text, email) in a way that causes fear
• Creating a reasonable apprehension of harm to the victim or someone in a domestic relationship with them

Stalking, which includes:

• Frequently visiting the victim’s home, workplace, or social locations
• Observing or following the victim’s activities

The court may also consider any pattern of violence, particularly in domestic violence-related offences.

Your Legal OptionsBefore deciding whether to plead guilty or not guilty, consult a professional domestic violence defence lawyer for tailored legal advice. Brightstone Legal can assess your case and provide strategic defence options.

Depending on the severity of the case, possible penalties include:

• Section 10 dismissal (no conviction recorded)
• Conditional release order
• Fines
• Community Correction Order (CCO)
• Intensive Correction Order (ICO)
• Custodial sentence

Penalties vary based on case circumstances, prior convictions, and mitigating factors.