It starts with a heated argument. Maybe you’re furious after a breakup, or fed up with a toxic colleague. So you send a text you think is private. But what you don’t realise is that those words could end up in Court as evidence against you.

Across New South Wales, we’re seeing a rise in criminal cases where digital messages – texts, emails, DMs – are being used as the key piece of evidence in charges of intimidation, threats, stalking, or coercive control. At National Criminal Lawyers®, we’ve defended countless clients who found themselves in Court not because of what they did, but because of what they said in anger – in writing.

Can You Be Charged for a Text Message?

Yes. Under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), a person can be charged with ‘stalking or intimidation’ if they intentionally cause another person to fear physical or mental harm — even through words alone.

This means a message like “You’ll regret this” or “I’m watching you”, “you just wait what I am going to do to you” could be enough for police to lay charges, especially in the context of a domestic dispute or where an Apprehended Domestic Violence Order (ADVO) is already in place.

Real Case: Messages That Crossed the Line

A recent case in Parramatta involved a man who sent a series of late-night texts to his ex-partner after she blocked him on social media. The messages were initially emotional, then escalated. Here’s what he sent over a two-day period:

• “I can’t believe you’ve done this to me.”
• “Answer me. Don’t make me come over.”
• “You think you’re gonna win – just wait, watch”
• “You’ll be sorry for this.”

The police relied entirely on screenshots. His texts – meant to express hurt – were interpreted as harassment.

This is not unusual. Messages that seem harmless or private in one moment can later be twisted by context.

What the Police Look For

Police prosecutors and investigators assess:

• The language used (e.g. threats, persistent contact)
• The time and frequency of messages
• Whether there was a request to stop communication
• The emotional state of the recipient

Even a single message can trigger charges if it’s perceived as threatening or if there’s a history of tension.

Can a Text Breach an ADVO?

Absolutely. If you’re subject to an ADVO, even one text – regardless of its tone – could constitute a breach if there is a condition on the ADVO that stipulates no contact. That means you could be arrested and charged, even if the message was apologetic or vague.

We’ve had cases at National Criminal Lawyers® where our clients unknowingly breached conditions just by replying “OK” to a message initiated by the protected person.

Sydney Criminal Lawyers Defending Words Out of Context

As experienced Sydney Criminal Lawyers, we know how important context is. Words are just one part of the puzzle. We analyse:

• The emotional context;
• Who initiated the contact;
• Whether there was mutual communication; and
• Whether the recipient truly feared harm

Our goal is to show the court the full picture – not just a few lines of text.

Can the Police Access My Messages?

Yes – if police suspect a criminal offence has been committed, they can apply for a warrant to access messages stored on your phone, or request data from service providers.

In some cases, the complainant provides screenshots voluntarily. Other times, police rely on backups, deleted message recovery tools, or even subpoena tech companies.

Never assume deleted means gone. If you’re under investigation, speak to a Criminal Defence Lawyer NSW immediately.

How We Defend These Cases

At National Criminal Lawyers®, we challenge the interpretation of the messages. We may argue:

• The accused had no intent to threaten
• The complainant was not genuinely in fear
• The message was emotionally expressive, not harmful
• The conversation was mutual, not unilateral
• We may also challenge the admissibility of illegally obtained digital evidence where appropriate.

What If You Sent the Message While Angry?

Everyone says things they don’t mean – especially during high-conflict breakups or family tension. The law recognises human emotion, but it also imposes limits.

If you’ve sent a message you’re worried about, do not delete it. Instead, call a lawyer immediately. Your reaction now can change the outcome later.

Need Advice? Call National Criminal Lawyers

Whether you’ve been charged, received a court attendance notice, or just want advice about a risky situation – contact National Criminal Lawyers®.