Steps to Take if Someone is Stalking You
If you believe you are being stalked, you should not adopt a wait-and-see attitude. The truth is that stalking can escalate quickly to more dangerous acts, and you should not hesitate to put your own safety first, which means calling the police if there is any indication that your well-being is in jeopardy. If you’ve been charged with stalking, the matter is similarly serious, and you should consult with an experienced Cumming criminal defense attorney sooner rather than later.
Stalking in the State of Georgia
If someone engages in any of the following against you without your permission to do so and for the purpose of intimidating or harassing you, it qualifies as stalking:
- Following you
- Contacting you either in person, by phone, or electronically
- Putting you under surveillance
The deciding factor when it comes to determining that any of these actions reaches the level of harassment or intimidation is that it causes you to experience emotional distress in response to your reasonable fear for your own safety or for the safety of someone close to you, when the actions in question serve no legitimate purpose. It’s important to note that the accused needn’t threaten you directly for the charge of stalking to apply.
If You Are in Imminent Danger
If you believe that you are at immediate risk of being harmed by the person who is stalking you, it’s time to call 911. This isn’t the time to weigh your best options or to make sure that your case meets all the legal requirements of stalking. When it comes to your safety, it’s far better to be safe than sorry, and if you are legitimately frightened about what your stalker is about to do, you should call the authorities.
Obtaining a Stalking Protective Order
If someone is stalking you, as defined above, you can and should file a petition for a stalking protective order. It’s important to note that the person doing the stalking does not have to be a romantic partner or a family member to obtain a stalking protective order against them. Further, the person harassing you needn’t be arrested for the crime of stalking for you to be eligible for a stalking protective order. Finally, you can proceed by filing a criminal charge against your stalker.
Stalking Is a Misdemeanor that Can Be Enhanced to a Felony
The charge of stalking in Georgia begins as a misdemeanor, but a second or subsequent conviction is a felony. Aggravated stalking – which involves violating a court order, probation, pretrial release, bond, or parole – is always a felony.
An Experienced Cumming Criminal Defense Lawyer Is Standing By to Help
The capable Cumming, Georgia, criminal defense attorneys at Banks, Stubbs & McFarland recognize the immense impact that a stalking conviction can have on your future and will spare no effort in our quest to tailor your defense to the unique situation at hand – in pursuit of a favorable conclusion for you. For more information about what we can do to help, please contact us online or call (770) 887-1209 today.