Is Stalking Domestic Violence?

The legal protections available in stalking cases are like those of a domestic violence case, such as an order for protection or a restraining order.

Before 1990, lawmakers treated stalking like other harassment cases. Stalking victims had little to no protection. Thankfully, those days are long gone, and there are now resources available for anyone who experiences this behavior.

Here, we'll explain what stalking is and break down the various types of stalking behavior. We will also discuss why people engage in this behavior and what to do if someone makes you fear for your safety.

What Is Stalking?

Stalking involves intentional acts that cause a person to fear for their safety. To qualify as stalking, the perpetrator must engage in this behavior repeatedly, causing a long-lasting effect on the victim's mental health and well-being.

In extreme cases, stalkers escalate their behavior, resulting in physical injury, sexual assault, kidnapping, and even murder.

California passed the first state anti-stalking law in 1990, and it wasn't long before the other states followed suit. Besides state stalking laws, the federal government passed similar legislation in 1996.

Acts That Constitute Stalking

Stalking involves a pattern of repeated behavior, often called a "course of conduct." The perpetrator commits harassment that causes reasonable fear in the victim or their family members.

Stalking typically involves the following acts:

• Observing and following the victim
• Appearing in places including the victim's place of work, school, or home
• Tracking or monitoring the victim's location
• Leaving unusual or potentially dangerous objects for the victim to see
• Entering the victim's car or home and committing acts to threaten the victim or let them know of their earlier presence
• Spying from afar with computer software, recorders, or hidden camera technology
• Making unwanted phone calls, including voicemails and hang-ups
• Sending unwanted emails, text messages, social media messages, or photos
• Mailing uninvited letters, presents, flowers, and other items

Like domestic violence, stalking is often about control and power. Stalking behavior is not uncommon in cases of domestic violence.

Types of Stalking

Stalking can happen to anyone. Stalkers conduct a pattern of behavior through various approaches. 

There are also different types of stalking, such as:

Rejection Stalking

In these cases, the perpetrator is upset that the victim broke up with them or refused to date them in the first place. For some reason, the stalker believes they can get the person back if they can prove how much they want them. Partner stalking is one of the more common types of this behavior.

Law enforcement doesn't always take rejection stalking seriously because the victim had (or may have had) an intimate relationship with their stalker. But, they sometimes treat it as intimate partner violence or dating violence, which can lead to more serious consequences.

Predatory Stalking

With predatory stalking, the perpetrator intends to commit a sexual assault or some other physical harm. The stalker takes the time to follow or get to know their victim secretly before attacking them.

Resentful Stalking

Not all stalkers want a physical or intimate relationship with their victim. Some people stalk their victims to scare or intimidate them. For example, a stalker may want to force a co-worker to leave their job so they can win a promotion.

Poor Social Skills

Another type of stalker is a person with such poor social skills that they cannot approach their victim in a normal way. Instead, they feel some intimacy simply by following and contacting their victims.

This type of stalker may have what they believe to be genuine feelings for their victim but does not expose them in a usual way. Instead, they engage in stalker behavior, hoping it will bring them closer.

As you can see, there are different types of stalkers and other types of stalking. Anybody can become a stalking victim, regardless of gender, whether it's through an abusive partner or cyberstalking on the part of a total stranger.

Stalkers' Relationship to Their Victims

Stalkers are not always strangers. Sometimes, the perpetrator is someone who knows the victim quite well, for example, a former intimate partner. In other cases, the victim has never met their stalker in real life.

Some experts classify stalkers based on their relationship with the victim. There are two main classifications: non-intimate and intimate.

Non-intimate Stalkers

In non-intimate stalking situations, the victim and the stalker do not have an interpersonal relationship. Instead, the stalker selects their victim after a short encounter. It can also happen after a brief observation of the victim. Often, the victim can't even identify the stalker.

There are two categories of non-intimate stalkers:

• Organized: The stalker engages in anonymous communication with the victim. It is often a one-way transmission from the stalker to the victim. The stalker systematically plans the act so the victim will not know their identity.
• Delusional: The perceived "relationship" exists only in the stalker's head. The stalker thinks they are in a relationship or have a connection with the victim, but it is just a psychological fixation.

Intimate Stalker Situations

In intimate stalker situations, the victim and the stalker had a prior relationship. The victim tried to end the relationship or has already ended it. In most cases, the stalker attempts to reestablish their connection. This type of abusive relationship is also domestic violence.

Many intimate stalkers commit physical violence or domestic abuse against their victims. Sexual violence is also a common escalation from stalking behavior. As a result, most stalking laws also cover sexual assault and other sex offenses.

Legal Relief for Victims of Stalking

If you are a victim of stalking, consider contacting law enforcement or a victim advocacy group. Create a safety plan to avoid physical harm to yourself and your family.

Stalking victims can also apply for an order of protection from the court and file a police report to document the incident. Once the judge determines that a credible threat exists, they will issue a restraining order. If the stalker violates the order or engages in unwanted contact, law enforcement authorities will enforce the order.

In some states, such as Florida, stalking is a first-degree misdemeanor or felony, depending on the circumstances. This exposes the offender to a potential jail or prison sentence.

Seek Legal Help

Stalking can cause severe emotional distress and intense fear. If you're the victim of domestic violence or stalking, contact the authorities right away. You can also seek help from an experienced domestic violence attorney. They can explain your state's stalking laws and help you file for a protective order or other court order to ensure your safety.

Domestic violence hotlines are also there to help victims of stalking and domestic violence. You can contact the National Domestic Violence Hotline at 1-800-799-7233 or TTY at 1-800-787-3224.