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.
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