Charged With Stalking in NSW - What Happens Now?

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

Stalking charges in NSW are serious criminal offences that can result in up to 5 years imprisonment and permanently damage your reputation, employment prospects, and family relationships. If police have charged you with stalking, you face immediate court proceedings that will determine whether you receive a criminal conviction. Contact a criminal lawyer immediately on 1300 636 846 - what you do in the next 48 hours directly impacts your case outcome.

Do You Need a Lawyer?

Yes, you absolutely need a criminal lawyer for stalking charges in NSW. The prosecution must prove specific legal elements beyond reasonable doubt, and experienced lawyers know how to challenge evidence, negotiate with police prosecutors, and identify valid defences that untrained defendants miss.

Without legal representation, you risk pleading guilty to charges that could be defended, accepting police facts that misrepresent your actions, and receiving harsher penalties than necessary. Stalking convictions appear on criminal background checks and can prevent you from working in education, healthcare, security, and government roles.

A criminal lawyer can examine whether police properly gathered evidence, if your behaviour actually meets the legal definition of stalking, and whether you have defences like legitimate purpose or lack of intent to cause fear. They negotiate with prosecutors to potentially have charges withdrawn, downgraded to lesser offences, or heard without conviction.

Time matters - call 1300 636 846 now to protect your case before it reaches court.

What Happens Next - The Process

Here's exactly what happens with stalking charges in NSW:

1. Police charge you and serve a Court Attendance Notice requiring you to appear at your local Local Court within 6-8 weeks
2. First court appearance where you enter a plea of guilty or not guilty - you can request an adjournment to get legal advice
3. Police provide brief of evidence including witness statements, photographs, and any electronic evidence within 28 days
4. Case conference or mention where your lawyer negotiates with the police prosecutor about potential resolution
5. Hearing date set if the matter doesn't resolve, typically 8-12 weeks later at your Local Court
6. Defended hearing where magistrate hears evidence and determines guilt, or sentencing if you plead guilty
7. Penalty imposed ranging from no conviction recorded to maximum 5 years imprisonment, plus potential Apprehended Violence Order

Most stalking matters are heard at Local Courts including Downing Centre, Parramatta, Liverpool, Penrith, Newcastle, and Wollongong. Serious stalking charges may be referred to District Court for sentencing.

Don't navigate this process alone - book your fixed-fee consultation at gotocourt.com.au/book to understand your options.

The Law in NSW

NSW defines stalking under Section 13 of the Crimes (Domestic and Personal Violence) Act 2007. You commit stalking if you pursue a course of conduct that amounts to harassment or molestation of another person, and you intend to cause the other person to fear physical or mental harm.

The prosecution must prove three elements beyond reasonable doubt:

• Course of conduct - more than one occasion of following, watching, approaching, or contacting a person
• Harassment or molestation - conduct that would cause a reasonable person in the victim's position to feel seriously alarmed or intimidated
• Intent to cause fear - you intended the person to fear physical or mental harm to themselves or someone else

Specific behaviours that can constitute stalking include:

• Following someone or keeping them under surveillance
• Repeatedly contacting by phone, email, text, or social media after being asked to stop
• Sending unwanted gifts, letters, or flowers
• Loitering near someone's home, workplace, or regular locations
• Interfering with property belonging to the person
• Giving offensive material to someone or leaving it where they will find it

Maximum penalties under Section 13 are:

• 5 years imprisonment for basic stalking offence
• $5,500 fine as alternative to imprisonment
• Additional penalties if committed in company of others or with weapons

Courts also commonly impose Apprehended Violence Orders (AVOs) prohibiting future contact with the victim.

These penalties destroy careers and relationships - call 1300 636 846 to fight the charges properly.

Mistakes to Avoid

These critical mistakes destroy stalking defences and lead to unnecessary convictions:

1. Talking to police without a lawyer present. Police interviews seem informal, but everything you say becomes evidence against you. Clients often admit to conduct they believe is innocent, which prosecutors later use to prove the stalking elements. Exercise your right to silence and request a lawyer before any interview.

2. Breaching bail conditions or AVO terms while charges are pending. Any contact with the alleged victim, even through mutual friends or family members, creates additional charges and makes magistrates view you as someone who doesn't respect court orders. This often results in harsher penalties on the original charges.

3. Representing yourself in court negotiations. Police prosecutors offer plea deals that seem generous but often involve pleading guilty to offences you could successfully defend. We've seen clients accept stalking convictions when evidence actually showed legitimate business contact or coincidental encounters that don't meet the legal definition.

4. Ignoring the impact on family law proceedings. Stalking charges automatically trigger child safety concerns in Family Court. Parents lose custody and supervised contact arrangements even before criminal charges are proven. You need coordinated legal strategies across both jurisdictions.

5. Failing to preserve evidence of legitimate reasons for contact. Work emails, business contracts, shared parenting arrangements, and medical appointments can all provide lawful reasons for being near someone. Clients often delete "embarrassing" evidence that actually supports their defence.

Don't make these case-destroying mistakes - get expert guidance at gotocourt.com.au/book.

Likely Outcomes and Costs

With proper legal representation:

• Charges withdrawn or dismissed in 30-40% of cases where evidence is insufficient or defences apply
• Negotiated guilty plea to lesser charge like offensive behaviour (avoiding stalking conviction) in 25% of cases
• Section 10 dismissal or conditional release order without conviction in first-time, minor cases
• Reduced penalties focusing on rehabilitation rather than punishment
• AVO terms that allow necessary contact for work or children

Representing yourself typically results in:

• Guilty plea to original charges in over 80% of cases
• Criminal conviction with community service or imprisonment
• Strict AVO preventing any form of contact
• No consideration of personal circumstances or alternative penalties

Legal costs breakdown:

• Go To Court Lawyers fixed consultation: $295
• Guilty plea representation: $2,200-$4,400
• Defended hearing: $4,400-$8,800
• District Court matters: $8,800-$15,000

Court costs, fines, and lost employment from criminal convictions typically exceed legal representation costs by substantial margins. Most matters resolve within 3-6 months, though complex cases may take 12 months.

Invest in proper defence now rather than paying higher costs for years to come - call 1300 636 846.

How Go To Court Lawyers Can Help

Go To Court Lawyers has successfully defended stalking charges across NSW since 2010, with over 800 criminal lawyers who understand exactly how police and prosecutors handle these sensitive cases. Our 4.5-star rating from 780+ reviews reflects real results for clients facing serious criminal charges.

Our stalking defence service includes:

• Immediate case assessment to identify weaknesses in police evidence and potential defences
• Emergency bail applications if you're held in custody or breach existing conditions
• AVO defence strategies to minimise restrictions on your work, housing, and family contact
• Witness statement analysis to challenge inconsistent or exaggerated allegations
• Expert negotiations with police prosecutors to withdraw or reduce charges
• Family Court coordination to protect your parental rights during criminal proceedings

We operate in every NSW court including Sydney, Newcastle, Wollongong, Parramatta, Liverpool, Penrith, Campbelltown, and all regional centres. Our lawyers appear daily in these matters and know the magistrates, prosecutors, and court procedures that determine outcomes.

Fixed-fee consultation covers detailed case review, defence strategy, and clear cost estimate for full representation. No hidden fees or surprise charges.

Available 24/7 on 1300 636 846 for urgent matters including weekend arrests, bail applications, and AVO breaches.

Stalking charges threaten your freedom, reputation, and family relationships. Get Australia's most experienced criminal defence team fighting for you immediately - call 1300 636 846 or book online at gotocourt.com.au/book.