Victim of Stalking? Know Your Legal Options
Under most state laws, the definition of stalking is repeated harassment or threatening behavior toward an individual, causing them fear or making them feel unsafe. If you are a victim of stalking, learn about what constitutes a criminal action of stalking and what you can do when being stalked.
What Is Stalking?
There is a difference between following or stalking someone and the criminal action of stalking. For example, following an ex-lover on social media to see what they are doing is not illegal. However, repeatedly sending harassing messages or posts on Facebook could be.
Other examples of stalking are repeated instances of:
- Sending unwanted communications such as phone calls, emails, and text messages
- Physically following someone or showing up at their house or workplace
- Monitoring someone’s location and activities
- Giving unwanted gifts or letters when told to stop
- Spreading false information to damage the victim’s reputation
- Making threats to harm the victim or their family
When Is Stalking a Crime?
All states have stalking laws. The elements of a criminal action of stalking include:
- A pattern of repeated behavior or harassment
- The activity creates fear or intimidation in the victim
- The victim does not want the attention
Stalking is very scary for the person who is stalked, but it’s not always easy to know what to do to stop it.
Steps To Take if You Are a Victim of Stalking
Once you know that what’s happening to you is legally considered stalking behavior — meaning it occurs repeatedly and makes you feel unsafe — then you have several legal options.
Talk to a Trusted Person
It is often frightening or emotionally draining to be the victim of stalking. Tell someone such as a family member, teacher, or friend about the harassing behavior for support and advice. There are also online resources and advocacy groups for victims, such as Resources for Survivors of Stalking and Cyberstalking (RAINN) and The Stalking Prevention, Awareness, and Resource Center (SPARC).
If you are concerned that stalking could result in physical or sexual assault, contact the National Domestic Violence Hotline or the National Center for Victims of Crime to make a safety plan. You can also get referrals to a domestic violence shelter.
Document All Contact
Keep a log of the date, time, location, and details of any threatening interaction or event. Take screenshots of social media posts. Record or save emails, voicemail messages, texts, or letters to show law enforcement.
Contact Police
Stalking is a crime, so make a police report. If any behavior makes you feel unsafe or if you are in immediate danger, call local law enforcement and show them the evidence of the harassing behavior. It is up to prosecutors to criminally charge the stalker, but if you help by providing evidence it makes it easier for them to bring a criminal case against that person.
Obtain a Restraining Order
A restraining order or protective order is one tool available to keep violent or harmful people away from you and your loved ones. While restraining orders are generally used to protect against physical violence, a stalking protective order requires an alleged harasser to stay away from a victim altogether.
A restraining order isn’t always enough to keep a stalker away, but violating a restraining order is a crime. Police can arrest someone for that even if they don’t have enough information to make an arrest for stalking. A restraining order violation can also be used against your stalker if prosecutors can bring criminal charges.
Sue the Stalker
Some victims find criminal prosecution is empowering enough, while others seek personal justice through legal action. Stalking and harassment can also involve harmful actions against victims and their property, possibly grounds for a personal injury lawsuit. For victims who wish to hold their stalkers accountable, a civil suit could offer monetary compensation for the physical and emotional distress.
Contact a local personal injury attorney for legal advice. However, a lawsuit can be time-consuming, and the process is overwhelming for some people.
Stalking, like other kinds of violence, can make you feel powerless. The law can help in those situations. Take proactive steps to protect yourself and get the help and peace of mind you need.
Related Topics
- Stalking and Domestic Violence (FindLaw Learn About the Law)
- Restraining Order Basics (FindLaw’s Law and Daily Life)
- What Proof Do You Need to Get a Restraining Order? (FindLaw Law and Daily Life)
