what kind of attorney do i need for harassment and stalking

by Shayne Mitchell 3 min read

What states have stalking laws?

Stalking is a crime in all 50 states, Washington, D.C., the U.S. Territories, and the Federal Government. Each year, January is recognized as National Stalking Awareness Month in an effort to educate the public about serious—and at times deadly—crime of stalking. The following resources provide information on stalking. Recent Publications

What is the law against stalking?

The Interstate Stalking Act, signed into law by President Clinton in 1996, makes it a crime for any person to travel across state lines with the intent to injure or harass another person and, in the course thereof, places that person or a member of that person's family in a reasonable fear of death or serious bodily injury. See 18 U.S.C. 2261A.

Is Cyberstalking a federal crime?

What is Cyberstalking? It is a specific federal crime and falls under a federal stalking statute as part of the Violence Against Women Act of 2005. The law was amended in 2013 to include stalking by the Internet or by telephone and no longer requires that the perpetrator and victim live in different legal jurisdictions.

What is considered stalking?

  • The intimate stalker is a person who has previously been romantically or intimately involved with the victim — an ex-partner
  • This is the most common and dangerous type of stalker
  • Intimate stalking presents the highest risk of violence to the victim


What is considered harassment in MN?

Minnesota Statutes Section 609.749 prohibits harassing another person by engaging in conduct that causes the victim to feel frightened, threatened, oppressed, persecuted, or intimidated, regardless of the relationship between the harasser and victim.

Is there a bond for aggravated stalking in Georgia?

Bond for Aggravated Stalking As a result, bond will not be automatically set after an arrest. Your Georgia Aggravated Stalking Lawyer must file a motion for bond in Superior Court. Unfortunately, it can then take several weeks to get a hearing before the Superior Court.

What does a victim often feel when he or she was being stalked?

Stalking victims may feel vulnerable and unsafe, and many say they feel they are always looking over their shoulder. Many victims come to believe that the stalking is never going to end, which can lead to feelings of isolation, anger, frustration, depression, and hopelessness.

How do you know if someone stalks you on Facebook?

So, here's tips to see who's looked at your Facebook? Open your Facebook account by visiting Facebook.com. Tap 'CTRL+F' to bring about the search bar that is used to look up stuff. The profile of person who stalked your profile will appear on your screen.

Can you go to jail for harassment in Georgia?

Harassing communications is a misdemeanor offense in Georgia, which means the maximum punishment is 12 months in jail and a $1,000 fine for each offense. The offense will be prosecuted in the county where either the person made the phone call or sent the text, or where the phone call or text was received.

What qualifies as stalking in Georgia?

Georgia Law on Stalking §16-5-90 and states that a person will be convicted when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person.

What are the four categories of stalking?

Holmes, professor emeritus of criminology, proposed these categories of stalkers:Domestic: stalking a former spouse or paramour. ... Lust: serial predators who stalk victim after victim. ... Love-Scorned: an acquaintance, coworker, neighbor, etc. ... Celebrity: those who stalk famous people.More items...•

What causes someone to stalk another person?

Why Do People Stalk? Stalkers often emphasize that they “love” their victims and occasionally say they stalk to keep others safe. For example, an abusive ex-husband might say he stalks his ex-wife to ensure she's properly caring for their children. Psychologically, however, stalking is a crime of control.

What do stalkers do to their victims?

Often the stalker will order goods and services on the victim's behalf. Finally comes aggression or violence, in which stalkers threaten their victims, harass their families, damage their property, make false accusations about them, and cause sexual or physical injury.

Can you tell if someone is checking your messenger?

A filled-in blue circle next to your message means that your message was delivered. And, when a friend has read your message, a small version of your friend's photo will appear next to your message.

How can you see who viewed your photo on Facebook?

0:211:49How to know who viewed your featured collections on Facebook ...YouTubeStart of suggested clipEnd of suggested clipArea whichever one you want to check on let me check on the first one click on it which is personal.MoreArea whichever one you want to check on let me check on the first one click on it which is personal. And then click on the view.

Can someone see that I viewed their Facebook story if we are not friends?

If your story's privacy setting is set to “Public”, everyone will be able to view your story. People who've viewed your story that you're not friends with on Facebook will be listed under “Other Viewers”. However, their names will be anonymous. In other words, the users under “Other Viewers” will be hidden from you.

How serious is aggravated stalking in Georgia?

Aggravated stalking is a felony punishable by imprisonment no less than one year, but no more than ten years and a fine not greater than $10,000.

What happens if someone violates a TPO in Georgia?

Violating a protective order can come with a penalty of up to 10 years in prison and a fine up to $10,000. If you have been accused of violating a restraining order or protective order in Georgia, you need an experienced lawyer. Police take these claims seriously and you could face serious penalties.

Is aggravated stalking a felony in Florida?

According to Florida stalking laws, penalties for aggravated stalking are severe. If a person is convicted of aggravated stalking, they will receive a felony in the third degree, which carries a prison term of up to five years and a monetary fine of $5,000.

Is cyberstalking a cyber crime?

Cyberstalking is a type of cybercrime that uses the internet and technology to harass or stalk a person. It can be considered an extension of cyberbullying and in-person stalking.

What can a lawyer do about harassment?

You should contact a harassment lawyer to help determine if the harasser’s actions or words are obscene or otherwise illegal. Harassment lawyers can also tell you if you are entitled to receive any civil damages for the emotional distress displaced by the harassing caller.

How to quell harassment?

Consulting with a harassment lawyer is the first step to quell your problem. Although there are a number of types of harassment, you should understand the legal issues associated with the activity before you contact a harassment lawyer. For starters, if you are being harassed over the telephone, having a basic knowledge ...

What is the law against harassing phone calls?

Harassing phone calls represent an unwelcome intrusion on your privacy; the Federal Communications Act and an assortment of state laws prohibit all forms of telephone harassment. If you are a victim of telephone harassment, contact a harassment lawyer in your area to put an end to the aggressive party’s intrusive actions.

How to report harassing phone calls?

If you are receiving harassing phone calls, you should first contact your local police department. Before you contact the authorities, make a note of the gender of the caller, the caller’s number, his or her frequency, a description of the caller’s voice, the date and time of the calls, the context of the calls and an approximation of the caller’s age. If the police, using this information, can track down the caller, they will enforce their authority and persecute the individual. If you seek monetary compensation–for the stress and psychological damage imposed–from the party you should look into harassment lawyers.

What to do if you feel like you are being harassed?

If you feel like you are a victim of harassment, in any form, you should contact a harassment lawyer so that your options and legal rights can be explained. No individual should live in fear of harassment; there are steps to take to curb incessant obstructions like harassment. Consulting with a harassment lawyer is the first step to quell your problem.

What is harassment in law?

In the legal sense, harassment is an intentional behavior that is found disturbing or threatening.

Is phone harassment a criminal offense?

Although one unwelcoming call may be deemed harassment, a single instance will not require the service of a harassment lawyer. Individuals who commit telephone harassment will be subject to fines, prison or both. Telephone harassment laws vary by state; in the majority of jurisdictions, telephone harassment is a criminal misdemeanor. ...

What is neighbor harassment?

Neighbor harassment is a term that includes intentional harassment or offensive behavior directed toward someone who lives next door or nearby within the same community. It can include assault and battery charges if the behavior becomes severe. In any event, a lawyer will be needed to defend you if you have been charged with harassing ...

What is the charge for harassing a neighbor?

Depending on the severity of the neighbor harassment, you could be charged with a disorderly person offense, usually an infraction, or the more serious offenses of assault and/or battery.

Can you be charged with harassment?

You can be charged with harassment if your behavior is intended to harass a particular person or persons. If the conduct is merely insensitive, thoughtless or profane, it does not necessarily constitute a crime.

Is it a crime to harass a neighbor?

Although many neighbor disputes are minor, if not mildly annoying, any act by you that poses a physical threat or which is repeated and irritating can be considered criminal. You may need a criminal defense lawyer if you are charged with harassment.

Is freedom of speech a defense to harassment?

Freedom of speech may not be a defense to a harassment charge since not all speech is protected. When the speech becomes particularly offensive or threatening, a line is crossed and the behavior becomes criminal. Generally, if the language is not for a legitimate purpose, then it may not be considered protected speech.

Is harassment a felony?

Neighbor harassment is often a misdemeanor, but can be enhanced to a felony if the offender has a prior misdemeanor conviction or the act involves an imminent threat of violent action. Although most states require that the harassing behavior occur multiple times, if it involves a threat of violence that could result in death or severe physical ...

How to stop a harasser?

You should involve the police right away and find a criminal law attorney to stop the harasser long-term. Taking legal action can help stop them (sometimes called "cease and desist" orders) from escalating their actions and keep you and your family safe.

How to sue for a neighbor's harrassment?

How to Sue for Neighbor Harassment. One of the most effective ways to get a resolution is to take your issue to small claims court. People can represent themselves in small claims court, but this takes time and strong evidence. If you do not have the time or knowledge to work through the court process, then a qualified attorney can handle your case.

What Qualifies as Neighbor Harassment?

Harassment must be a repeated and intentional act. This means a neighbor accidentally backing into your trash cans or having one loud party may not qualify. But if they start making threatening comments toward you or repeating the bad behavior, it can quickly become a harassment case.

How to get a restraining order from your neighbor?

Get a restraining order if your neighbor is threatening you or acting dangerously. File a police report (the police may not take action but it will at least be on record) File a noise complaint with your landlord or the police. Start the process of suing your neighbor for harassment (read on for more information)

What happens if your neighbor breaks a restraining order?

Once your case is resolved, you will want to be ready to re-document new actions or call the police if your neighbor breaks a restraining order. If your neighbor repeats any behavior, they may be arrested, fined, or go to jail. It might feel tempting to move away just to escape this neighbor.

What is the line between civil cases and criminal harassment?

The Line Between Civil Cases and Criminal Harassment. Any harassing behavior over any period of time should be taken seriously. Things can (and usually do) escalate quickly. Say you notice a neighbor throwing items at your dog because they don't like it barking. You might ask them to stop and both of you start arguing.

How to stop a neighbor from stealing my property?

Speak in court or privately with a judge. Settle the case for money or another resolution that (hopefully) makes your neighbor stop.

Can you work without harassment?

Everyone has the right to live and work without facing unlawful harassment. Whether you’re dealing with a hostile work environment, sustained verbal harassment, unwanted touching or someone who is pressuring you for sexual attention, retaining a qualified lawyer is a strong first step towards getting the help you need.

Can harassment be considered criminal behavior?

In certain instances, harassment can even rise to the level of criminal behavior. State statutes differ, but these laws generally apply when someone purposely bothers or torments someone else and creates a credible threat that the victim will be harmed.