Stalking or Intimidation with Intent to Cause Dear of Physical or Mental Harm Domestic Violence Related
Section 13 of the Australian Criminal Code (Domestic Violence) states: Any person who stalks or intimidates another person with the intent to put that person in fear of physical or mental harm shall be guilty of an offence. The maximum penalty is up to 5 years' imprisonment or 50 penalty units, or both.
The national government and public opinion have adopted a zero-tolerance attitude and demand for domestic violence in recent years, which has led the courts to severely punish domestic violence cases. Therefore, our professional domestic violence defence lawyers will give you the best legal advice.
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.
Elements the Prosecution Must Prove
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.
Possible Defences
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.
Potential Penalties
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.
Legal Process
& Options
Pleading
Not Guilty
If the evidence against you is strong and a conviction is likely, pleading guilty early may result in a more lenient sentence. Benefits of an early guilty plea include:
- Reduced penalties
- Potential for a Section 10 dismissal (no conviction recorded)
- Consideration of mitigating factors
Before entering a plea, consult Brightstone Legal to understand the legal consequences and explore the best course of action.
Pleading
Guilty
If you choose to plead not guilty, Brightstone Legal will build a strong defence based on:
- Lack of intent to cause fear or harm
- Misidentification or false accusations
- Insufficient evidence from the prosecution
- Lawful excuse for your actions
Our legal team will review police evidence, cross-examine witnesses, and present a defence strategy to achieve the best possible outcome.
If you are charged with domestic violence, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can provide you with professional advice.
Here is some general information about various domestic violence charges and how our criminal defense team can help you:
If you are charged with domestic violence, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can provide you with professional advice.
Definition : Economic control is the manipulation and restriction of a victim's economic resources to control their behavior and freedom.
Expression :
- Prohibiting the victim from working or limiting their job options
- Control over the victim’s income, bank accounts, and financial decisions
- Denying living expenses or depriving victims of basic necessities
Impact : Financial control can cause victims to lose their financial independence, increase their dependence on the abuser, and make it difficult to escape the violent relationship.
Definition : Emotional or psychological abuse is the violation and control of the victim's psychological well-being through words, behavior or other means.
Expression :
- Persistently demeaning, insulting, or humiliating the victim
- Threatening, intimidating or manipulating the victim
- Isolate the victim and limit contact with family and friends
- Threatening victims with children or pets
Impact : Emotional abuse can seriously affect the victim's self-esteem and confidence, and may lead to psychological problems such as anxiety and depression.
Domestic violence includes physical violence, mental/psychological abuse, sexual violence, economic control and social isolation. These forms of violence control and infringe upon the victim through physical harm, verbal insults, forced sexual behavior, economic manipulation and social restriction, causing serious physical and mental health problems and long-term psychological trauma, and causing the victim to lose self-esteem, freedom and external support.
The following are the specific types:
1. Criminal penalties
- Physical violence : Under the Criminal Code, engaging in physical violence can result in severe criminal penalties, including imprisonment.
- Harassment and intimidation : Continuous harassment and intimidation may constitute a criminal offense and is punishable by law.
2. Breach of a domestic violence order
- Violating a protection order : If the offender violates a protection order, they may face fines, jail time, or other legal consequences.
1. State and Territory Laws
- Each state and territory has its own laws to deal with family violence cases, for example, the Crimes (Domestic and Personal Violence) Act 2007 in New South Wales and the Family Violence Protection Act 2008 in Victoria.
2. Domestic Violence Orders ( DVOs )
- Protection Orders : Used to prevent further domestic violence, protection orders may include prohibiting the offender from approaching or contacting the victim.
- Temporary Protection Orders : In emergency situations, victims can apply for a Temporary Protection Order to protect their safety immediately .
3. Criminal Code
- Physical Violence : Using physical violence can result in severe criminal penalties, including imprisonment.
- Harassment and intimidation : Continuous harassment and intimidation may also constitute a criminal offense and be punishable by law.
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