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Section 13 the Crimes (Domestic and Personal Violence) Act 2007 provide an offence for a person to engage in Stalking or intimidation of another in a domestic relationship.
(1) A person who stalks or intimidates another person with the intention of causing the other person to fear physical or mental harm is guilty of an offence.
(2) For the purposes of this section, causing a person to fear physical or mental harm includes causing the person to fear physical or mental harm to another person with whom he or she has a domestic relationship.
(3) For the purposes of this section, a person intends to cause fear of physical or mental harm if he or she knows that the conduct is likely to cause fear in the other person.
(4) For the purposes of this section, the prosecution is not required to prove that the person alleged to have been stalked or intimidated, actually feared physical or mental harm.
(5) A person who attempts to commit an offence against subsection (1) is guilty of an offence against that subsection and is punishable as if the offence attempted had been committed.
The maximum penalty for this offence is Imprisonment for 5 years or 50 penalty units, or both.
Section 8 of the Crimes (Domestic and Personal Violence) Act 2007 provides the definition of “stalking”:
(1) In this Act,
“stalking” includes the following–
(a) the following of a person about,
(b) the watching or frequenting of the vicinity of, or an approach to, a person’s place of residence, business or work or any place that a person frequents for the purposes of any social or leisure activity,
(c) contacting or otherwise approaching a person using the internet or any other technologically assisted means.
(2) For the purpose of determining whether a person’s conduct amounts to stalking, a court may have regard to any pattern of violence (especially violence constituting a domestic violence offence) in the person’s behaviour.
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Section 7 the Crimes (Domestic and Personal Violence) Act 2007 provides the definition of “intimidation”:
(1) For the purposes of this Act,
“intimidation” of a person means–
(a) conduct (including cyberbullying) amounting to harassment or molestation of the person, or
Note : An example of cyberbullying may be the bullying of a person by publication or transmission of offensive material over social media or via email.
(b) an approach made to the person by any means (including by telephone, telephone text messaging, e-mailing and other technologically assisted means) that causes the person to fear for his or her safety, or
(c) any conduct that causes a reasonable apprehension of injury to a person or to a person with whom he or she has a domestic relationship, or of violence or damage to any person or property.
(2) For the purpose of determining whether a person’s conduct amounts to intimidation, a court may have regard to any pattern of violence (especially violence constituting a domestic violence offence) in the person’s behaviour.
For a woman, it is very difficult to deal with harassment, stalking and intimidation. Last year, I have applied for APVO against my neighbour.
Although I had CCTV footages and other evidence, to actually go through the whole court process is stressful, especially because I decided to represent myself in the court. Once I stepped into the legal process the realization hit me that having evidence may not be enough to win and protect myself from the defendant. When you represent yourself, the defendant’s solicitor sees that as an easy winning for his client and uses intimidation tactics.
I have contacted several solicitors but was put off by their emotionlessness approach. I contacted Jonathan Jaramillo from James and Jaramillo Lawyers who offered free first consultation. Comprehensive information offered by Jonathan was very impressive. He listened attentively and took time to answer my questions. He did not tell me what I wanted to hear, but what I needed to hear. I decided to represent myself and asked Jonathan if he would guide me and advise me throughout the process. This would be more cost-effective for me. Regardless of the size of the case, Jonathan was from the beginning to the end extremely professional, prompt and kind. He explained everything clearly making me feel confident with the legal process.
I have managed to get Interim Order in the early stage of the process-mention, which was protecting me till the final hearing in March 2024 when I won the case. This outcome could not have been achieved without working with Jonathan and his professional guidance. I can’t speak highly enough about Jonathan Jaramillo and recommend him for anyone who is looking for a good, responsive and reliable solicitor, and a genuine person.
Section 8 of the Crimes (Domestic and Personal Violence) Act 2007 provides the definition of “stalking”:
(1) In this Act,
“stalking” includes the following–
(a) the following of a person about,
(b) the watching or frequenting of the vicinity of, or an approach to, a person’s place of residence, business or work or any place that a person frequents for the purposes of any social or leisure activity,
(c) contacting or otherwise approaching a person using the internet or any other technologically assisted means.
(2) For the purpose of determining whether a person’s conduct amounts to stalking, a court may have regard to any pattern of violence (especially violence constituting a domestic violence offence) in the person’s behaviour.
Section 7 the Crimes (Domestic and Personal Violence) Act 2007 provides the definition of “intimidation”:
(1) For the purposes of this Act,
“intimidation” of a person means–
(a) conduct (including cyberbullying) amounting to harassment or molestation of the person, or
Note : An example of cyberbullying may be the bullying of a person by publication or transmission of offensive material over social media or via email.
(b) an approach made to the person by any means (including by telephone, telephone text messaging, e-mailing and other technologically assisted means) that causes the person to fear for his or her safety, or
(c) any conduct that causes a reasonable apprehension of injury to a person or to a person with whom he or she has a domestic relationship, or of violence or damage to any person or property.
(2) For the purpose of determining whether a person’s conduct amounts to intimidation, a court may have regard to any pattern of violence (especially violence constituting a domestic violence offence) in the person’s behaviour.
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