Thursday, January 24, 2013

Stalker Stories

"He comes to my basement apartment and looks through the windows."  She said with tears of terror in her eyes.  "I don't know what to do, I've called the police but by the time they get there, he's gone and they tell me they can't do anything about it.  I don't know what to do attorney, I don't know what to do."  She continues shaking and crying.  "I'm so scared he's going to do something to me..."

Well, the truth of the matter is the police can not act on circumstantial evidence and mere allegations to request criminal charges be filed against the "stalker."  To obtain an order of protection against someone we also need more then just mere allegations and finger pointing. As an officer of the court, my hands are tied - we need evidence! How do we assist these individuals who feel terrified by another individual's intrusions on their lives?

"My husband just filed for an order of protection against me.  Can you please help me?  I wasn't stalking him.  Okay, I saw him driving around with this other woman and I followed them to her house.  The next day, I knew he was getting out of work early, so I left work early and followed them again.  I waited in my car for about two hours for him to come out of her apartment.  They left the apartment and went to to the store; at the store I got out of the car and yelled at him.  He asked me why I was following him.    But, he doesn't know I was following him, so how could he file for an order of protection?"

I took a look at the Petition for an Order of Protection, it was pure hearsay and allegation.  My job, is to defend the law.  In this case, my argument in court was that it would be unjust to provide for an order of protection based on the allegations, as the actions plead, did not rise to the level necessary under the law.  Therefore, no order of protection was issued.  However, I did admonish my client that what she did was wrong and she should not do it again.

"Ring. . . Ring. . . Ring..."
"Hello?"  
"Honey, you left the back door open again."
"No, I didn't"
"Yes, you did and the basement door is open too."
"I didn't go in the basement."
"The kitchen cabinet is open to -- my god can't you..."
"Get out of the house.  Get out.  I didn't do all that."

A couple's home gets broken into, with no initial signs of forced entry.  The conversation above was the beginning of the couple's realization, that this was not the first time, the intruder had been in their home.

Most people who are stalked are stalked by someone they know. Get educated and learn to identify stalking behaviors. If you see it, feel it or have been a victim of it, report it to the police, tell your family and friends what your thoughts are, and keep a journal of the "chronic coincidences"  surrounding your circumstances with the stalker.

National Stalking Awareness Organization's website is a great resource to learn more about the laws, behaviors and get help: http://stalkingawarenessmonth.org/awareness.

Be careful and keep an eye on your neighbors!!

*Disclaimer: These stories may or may not have happened to real people, in real events, in real time.

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