criminal defense
Stalking
Stalking – what is it?
Stalking convictions may result in criminal penalties such as imprisonment, fines, or both.
Stalking can also occur through electronic means, such as online harassment. Virginia law addresses cyberstalking as a form of stalking, and penalties may apply to those who engage in such behavior.
Willful violation of a protective order or stalking with a deadly weapon may be considered aggravated stalking and may lead to enhanced penalties.
Definition
In Virginia, stalking is generally defined as a willful course of conduct involving repeated incidents that place another person in reasonable fear for their safety or the safety of their family.
CyberStalking
Cyberstalking is typically defined as tracking someone’s online activities, creating fake profiles to harass or monitor them, or spreading false information about them on the internet.
What is considered “stalking?”
The following may be considered stalking under Virginia law:
- Excessive and unwanted phone calls, text messages, emails, or other forms of communication.
- Following the person or spying on them, whether in person or through technological means.
- Sending gifts, letters, or items without consent, especially if they are frequent and unwanted.
- Making explicit threats, whether verbally, in writing, or online, that cause the person to fear for their safety or the safety of their loved ones.
- Using third parties to stalk or harass the person, such as hiring someone to follow them or convincing others to participate in the harassment.
Protective Orders
Also known as a restraining order or order of protection
Alleged victims of stalking in Virginia can seek a protective order from the court. A protective order may prohibit the alleged stalker from contacting or approaching the alleged victim.
Violating a protective order issued in the context of stalking may result in separate criminal charges with additional penalties.
Civil Remedies
Victims of stalking in Virginia may pursue civil remedies, such as damages in a civil lawsuit against the stalker.
Facing charges for stalking? Time is of the essence, and you deserve a legal ally who understands the intricacies of your situation. Our experienced team at Wolf Law Center is here to provide the guidance and support you need.
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