Stalking in NSW: When “Checking In” Becomes a Criminal Offence
Introduction: modern stalking is often digital, subtle and fast to escalate
Stalking is no longer confined to lurkers in bushes and late-night following; in New South Wales it increasingly takes the form of repeated digital contact, GPS monitoring, incessant messaging or turning up uninvited, and the law treats it seriously. Under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), repeated conduct that causes another person to fear for their safety, or to suffer serious mental harm, can constitute stalking even where there is no physical contact.
Police and courts now understand that what begins as “checking in” can escalate into behavior that practically destroys a person’s sense of safety; that reason underpins the growing prosecution and community awareness of stalking across NSW.
The elements of the offence: “course of conduct” and fear
Legally, stalking is built on the idea of a course of conduct. Section 13 requires repeated behaviour, which might include messages, calls, social media contact, turning up at someone’s workplace, using others to relay messages, or even covert tracking via devices. The key question for the jury or magistrate is twofold: did the conduct form a course, and did it cause the complainant to fear or suffer serious mental harm? See the statutory text for the precise wording.
A person can be found guilty even if they did not intend to cause fear, the focus is often on the effect of the conduct and whether a reasonable person would have anticipated the consequence. The Judicial Commission of NSW explains how courts should approach these evaluations, and their bench book provides practical judicial guidance on assessing pattern, context and effect.
Why police now treat repeated contact as a major risk factor
BOCSAR’s research shows stalking and related controlling behaviours are strong predictors of escalation into physical violence, particularly after separation. The Bureau’s coercive control monitoring materials and domestic violence trend reports emphasise that non-physical behaviours often precede more serious offending and therefore justify early intervention by police.
Police now frequently treat persistent contact and covert monitoring as high-risk indicators; NSW Police operational guidance on domestic violence and digital forensics shows the resources devoted to gathering device, messaging and location evidence.
What behaviour commonly amounts to stalking in practice
Practically speaking, police commonly cite repeated texts or calls after separation, installing GPS monitoring on a partner’s car, sending gifts repeatedly after being told to stop, creating fake social profiles to follow someone, or repeatedly turning up at workplaces or schools as conduct that, together, forms a pattern. Even deleting messages or attempting to conceal tracking software can become evidence of consciousness of guilt when viewed alongside other conduct. See practical guidance and judicial commentary for examples.
Evidence and investigation: messages, location data and corroboration
Stalking prosecutions are documentary and forensic. Police commonly use phone extractions, social media logs, CCTV, witness statements and bank records to show continuity and repetition. For example, device extractions are often central to proving a pattern of contact — this is why prosecutors and courts rely heavily on digital forensics.
Because much of the evidence is electronic, the timing of legal advice for an accused is crucial: early counsel can ensure proper preservation of data, obtain expert analysis and avoid statements that might inadvertently produce admissions.
Sentencing, how serious is stalking in practice?
Stalking is treated as a serious personal violence offence. Under the Crimes (Domestic and Personal Violence) Act 2007, penalties can include a maximum of five years’ imprisonment (or more in aggravated / domestic circumstances). Sentencing courts apply the general purposes of sentencing set out in the Crimes (Sentencing Procedure) Act 1999 (NSW)— with a heightened emphasis on denunciation and community protection given the intrusive and repetitive nature of stalking. See the sentencing framework for domestic violence in the Judicial Commission materials.
Aggravating features that push courts toward custody include the duration of the course, use of technology to monitor the victim, previous AVOs or prior warnings, and evidence that the behaviour persisted after police warnings. BOCSAR’s monitoring reports chart sentencing trends and reinforce how courts are treating these aggravating factors.
Common defence themes and practical strategies
Defence strategies often focus on distinguishing isolated, innocent contact from the continuity required by the statute, demonstrating breakdown communication versus persistence intended to intimidate. Early forensic analysis can show patterns consistent with mutual communication, or reveal gaps in the prosecution’s timeline. Cross-forum issues are critical: statements in family law or AVO contexts can be used in criminal proceedings, so defence counsel will often coordinate family and criminal strategies to avoid damaging admissions.
Collateral consequences: AVOs, bail, employment and parenting
A stalking charge can produce immediate civil and criminal consequences: a temporary Apprehended Violence Order, restrictive bail conditions, workplace suspension and severe parenting restrictions. Family courts routinely treat stalking behaviour as a serious risk factor when determining interim parenting arrangements. Accordingly, defendants should address not only criminal liability but also urgent AVO and family law implications. See the Crimes (Domestic and Personal Violence) Act 2007 and Judicial Commission guidance for interplay between these processes.
Conclusion: act early and treat it seriously
The law’s message is clear: repeated contact and monitoring can quickly become a criminal course of conduct. If you are under investigation for stalking, or fear you may be crossing legal lines after a relationship breakdown, seek urgent advice. Early preservation of devices, cautious engagement with police, and skilled defence representation materially affect outcomes. For specialist help across criminal, AVO and family law forums, speak with advisers experienced in NSW stalking prosecutions and digital evidence at National Criminal Lawyers.
Contact National Criminal Lawyers via our contact page or call 1800 CRIM LAW for confidential advice.
