Stalk/Intimidation (Domestic Violence) – No Conviction, Parenting Rights Restored

Our client was charged with stalking and intimidation after allegedly threatening his former partner during a phone call. Police also applied for an Apprehended Domestic Violence Order (AVO) that not only restricted contact with the complainant but extended to the client’s one-year-old daughter—despite the child having no involvement in the incident.

The order had immediate consequences. The client had shared care arrangements in place and had been actively involved in his daughter’s life. The conditions of the AVO brought all contact to a halt, causing significant distress and uncertainty.

After a detailed review of the circumstances, we uncovered critical context. The alleged threat arose during a heated exchange in which the complainant made mocking and offensive remarks about the client’s current partner, who was terminally ill at the time. The client’s reaction, though inappropriate, occurred in an emotionally charged moment and did not reflect a pattern of abusive behaviour.

We prepared a comprehensive case in mitigation. The client provided a formal apology, strong character references, and material evidencing his consistent role as a carer and provider. We made submissions that this was an isolated outburst made in response to deeply personal provocation.

The Magistrate was persuaded to finalise the matter without recording a conviction. Importantly, we also negotiated the removal of the child’s name from the AVO, allowing the client to resume contact with his daughter and restore shared parenting arrangements.