What Is Considered Stalking?

When faced with accusations or charges of stalking, the implications can be severe. Such allegations can drastically impact your life, but many individuals do not even realize that their actions may be classified as stalking. They can find themselves confronting serious legal consequences unexpectedly. This situation leads to a fundamental question: What is considered stalking?

Understanding Stalking Behavior

Stalking revolves around several critical factors:

Patterns of Behavior

The essence of stalking often lies in a repetitive pattern of behavior, which may not individually appear criminal. Actions that could contribute to a stalking charge include:

• Multiple unwanted phone calls
• Sending unsolicited text messages
• Attempting to present undesirable gifts
• Contacting an individual on social media after being asked to stop or getting blocked
• Approaching the individual or their associates without permission
• Surveilling the target in-person or digitally
• Issuing threats

Target of Behavior

A stalking situation typically centers on one specific individual, but it can also extend to friends, family, or coworkers of the victim. Individuals accused of stalking often find their interactions scrutinized, leading them to question if their benign attempts at communication may be interpreted as harassment. It poses a daunting query: Will any contact be assessed as stalking regarding legal interpretation?

Impact on Victim

To ascertain if behavior constitutes stalking, we must recognize its impact on the victim. For example, a stalking victim may find receiving a gift, such as an expensive piece of jewelry, frightening not because of the gift itself, but due to the underlying dynamics between them and the stalker. If a victim relocates to evade a stalker only to receive a delivery at their new address, it blurs their sense of safety and leads to increased fear.

Distinguishing Stalking from Cyberstalking

Cyberstalking is a specialized form of stalking. While stalking encompasses both physical and online behaviors, cyberstalking is strictly confined to the digital realm. Actions classified as cyberstalking include:

Forms of Cyberstalking

• Unauthorized access to someone’s computer, mobile device, or online accounts
• Sending threatening, abusive, or sexual electronic communications
• Making harassing phone calls or leaving distressing voice messages
• Repeatedly tagging someone on social media platforms
• Monitoring someone’s online behavior using surveillance software
• Illegally recording someone via their devices
• Engaging excessively with a person’s social media content through comments or likes

Consequences of a Restraining Order

Facing a restraining order can lead to various legal and personal repercussions:

Immediate Effects

• You might need to vacate your home, possibly with only a brief period to collect essential belongings.
• You may encounter restrictions on your travel.
• The restraining order can become a permanent part of your record for up to five years.
• You might be required to complete an expensive year-long anger management program.

Options When Charged with Stalking or Violating a Restraining Order

If you find yourself charged with stalking or perhaps violating a restraining order, enlisting the services of a competent defense attorney is crucial. An experienced professional can navigate the complexities of the legal system while advocating for your rights.

At the Law Offices of Nabiel C. Ahmed, a reputable Criminal Defense firm based in Oakland, California, we have provided legal assistance for over a decade. Our areas of success include:

• Dismissals of cases
• Success in appealing client convictions
• Reduction of charges enabling clients to avoid incarceration

For further details regarding our services and to understand how we have assisted clients in overcoming their legal challenges, please don’t hesitate to reach out. To arrange a consultation, contact us at (510) 576-5544 or fill out our online contact form. We also offer flexible payment options tailored to your financial needs. Se habla español!