When 28-year-old R from Western Sydney broke up with her partner, she didn’t take it well. She messaged him. Called him. Left voice notes. And then called again. Within 10 days, she had tried to reach out over 120 times.

To her, it was heartbreak. To police, it was a criminal offence.

Last month, R was charged with stalking and intimidation under NSW law. The media jumped on it. Social media had a field day. But many asked: Can someone really be charged just for calling too much?

The answer is yes – and it’s becoming more common.

What Does the Law Say About Stalking in NSW?

Under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), it is a criminal offence to stalk or intimidate another person, intending to cause fear of physical or mental harm.

The law defines stalking to include:

• Repeated phone calls or messages
• Following someone
• Turning up at their home or work
• Digital monitoring or threats online

Even if you don’t mean harm, if your behaviour causes the other person to feel fear or distress, you could be charged.

Case Study: How a Breakup Became a Criminal File

In R’s case, her former partner reportedly asked her multiple times to stop contacting him. He blocked her on WhatsApp. She emailed him instead. She showed up to his workplace. Eventually, he went to police.

The police didn’t see a woman in distress. They saw a pattern of escalating, unwanted contact. That was enough to charge her with stalking.

Now, she’s facing up to 5 years in prison, or a substantial fine, or both.

What Counts as ‘Too Much Contact’?

There’s no set number of texts or calls that make contact “illegal.” Instead, the court considers:

•  Whether the contact was unwanted
• Whether the recipient asked the person to stop
• The tone and volume of the messages
• The emotional impact on the alleged victim

One or two messages may not lead to criminal charges. But dozens of missed calls, late-night messages, or contact after being blocked can easily cross the legal line.

According to BOCSAR (Bureau of Crime Statistics and Research), the number of stalking and intimidation charges in NSW has more than doubled in the past decade – many involving digital abuse.

Is This Part of NSW’s New Coercive Control Reforms?

Yes — it’s all connected.

NSW has passed reforms to criminalise coercive control, which refers to repeated, controlling, or abusive behaviour in intimate relationships. This includes:

• Constant messaging or calls
• Location tracking or surveillance
•  Emotional blackmail and threats
• Isolation from friends or family
• Control over money, transport, or access to devices

These laws reflect the modern reality: abuse doesn’t have to leave bruises to be criminal.

What Should You Do If You’re Accused of Stalking?

If you’re being investigated for stalking or intimidation, the worst thing you can do is continue contact.

Instead:

1. Stop all communication immediately – even if you’re trying to “explain yourself.”
2. Preserve your message history – do not delete texts or emails.
3. Seek legal advice from a top criminal lawyer – especially before speaking with police.
4. If there’s an existing Apprehended Domestic Violence Order (ADVO), even a single call or message could lead to breach charges and arrest.

What Does the Court Consider in These Cases?

When a person is charged with stalking or intimidation under section 13, the prosecution must prove:

• The conduct occurred more than once (or was threatening in a single instance);
• The accused intended to cause fear (or was reckless to the impact); and
• The fear was reasonable and caused psychological or physical harm

Why National Criminal Lawyers?

At National Criminal Lawyers®, we often defend stalking charges by arguing:

• The conduct may not be threatening or persistent;
•  The accused was emotionally distressed, not malicious; and/or
• The complainant exaggerated or misrepresented what occurred

Who Represents Mrs R? Michael Moussa Takes the Lead

Mrs R is represented by Michael Moussa, Principal of National Criminal Lawyers, and an award-winning solicitor in domestic violence matters, including stalking and intimidation charges.

The defence focuses on whether the complainant’s fear was genuine, whether any harm was caused, and whether the conduct truly meets the threshold of criminal intimidation.

National Criminal Lawyers continue to fight for Mrs R’s name, freedom, and future – showing once again that not all relationship breakdowns are black and white.

Can You Really Go to Jail for Calling Someone Too Much?

Yes — and many do.

The maximum penalty for stalking or intimidation in NSW is 5 years in prison or a $5,500 fine. Even first-time offenders can receive a criminal conviction, an ADVO, or court-imposed conditions like no contact, counselling, or curfews.

Charged with Stalking or Intimidation? We Can Help

If you’re facing stalking, intimidation, or coercive control allegations – don’t delay. These matters escalate quickly and can result in criminal records, custody issues, and even loss of employment.

Call us now on 1800 CRIM LAW
Book your free consultation at www.nationalcriminallawyers.com.au/contact-us