Stalking is a pattern of behavior that involves repetitive, unwanted attention, contact, or following of another person. It can take many forms, including physical stalking, cyberstalking, or a combination of both. Stalking can occur in any type of relationship, including between strangers, acquaintances, or intimate partners.
Stalking is a serious crime that can have serious physical and emotional consequences for victims. It can cause fear, anxiety, and stress, and can interfere with a person's daily life. Stalking can also escalate over time and may lead to physical violence or even homicide.
According to the National Center for Victims of Crime, approximately 7.5 million people in the United States are stalked each year. Stalking is more common among women, with approximately 1 in 6 women and 1 in 19 men experiencing stalking in their lifetime.
In the United States, stalking is a crime in all 50 states, the District of Columbia, and on federal land. Stalking can be prosecuted under various state and federal laws, depending on the specific circumstances of the case. It is important for individuals to be aware of their own safety and to seek help if they are being stalked.
The following information has been prepared by the San Joaquin County District Attorney’s Office in order to provide you, as a victim of stalking, or knowing someone who you suspect is being stalked, with accurate information as to how such cases are handled. It is our hope that the information provided will answer your questions and relive some of your fears.
Stalking is defined in Penal Code Section 646.9 as "any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family . . ." Contrary to a common belief of what constitutes stalking, repeatedly following, phone calls, unwanted gifts, flowers, etc., may not legally constitute stalking. There must be a "credible threat" present, something which demonstrates the stalker'’'s danger toward the victim. This may come in the form of threats, actual violence, or behavior that implies a threat. It is not necessary that the stalker intend to actually carry out the credible threat, just that it place the intended target in fear for his or her safety.
If you think someone is stalking you, the most important thing to do is immediately cease all contact with the stalker. Don't initiate any contact with the person who is stalking you. The stalker may try to contact you, but you should do everything in your power to avoid any contact with them. If contact is made for whatever reason, for example if the stalker calls your phone, let them know in a firm manner that you do not want them to contact you anymore and that you will call the police. It is equally important that you call law enforcement to document what has happened. If you have been sent anything by the stalker - gifts, flowers, letters - or if there are messages on voicemail, text messages, or social media pages, SAVE THEM! These may be crucial pieces of evidence in a prosecution. Alert law enforcement that you have saved these things so they may collect and preserve them. For your safety and those around you, it is advised you inform friends, family, coworkers, or anyone else whom you deal with on a regular basis of the situation.
Some stalking charges are charged as felonies, while others may be felonies or misdemeanors. The decision of whether a stalking case will be charged as a misdemeanor or felony is for the District Attorney. Factors which go into making that decision include the length of time of the harassing conduct, the severity of the threat, prior criminal record, injury, use of a weapon, and the presence of a restraining order. Misdemeanor stalking is punishable up to one year in the county jail, while other types of stalking may be punishable by up to 5 years in prison.
The court's sentencing range for stalking is broad, from probation to prison. Our goal is to stop the unwanted contact and offer protection to the victim. Length of sentence is often determined by the severity of the defendant’s conduct, injuries to the victim, and criminal record. Whether the defendant is currently on probation or parole also play a role in determining sentence. Whatever the outcome of the case, a victim of stalking should be prepared for the eventuality that the stalker will some day be released from custody. To that end, a stalking victim should develop a plan to help deal with that inevitability. The San Joaquin County District Attorney’s office can assist with obtaining restraining orders, money for alarm system installation, or in the worst of cases, relocation.
You can request that law enforcement obtain an Emergency Protective Order (EPO) from the on-call judge when they respond to the scene and there is an immediate threat of violence. This order is effective once it has been served on the abuser and orders
them not to contact you. Once a case is filed and you believe the defendant may harm you further, contact the Domestic Violence Unit at the DA's Office and request that the prosecutor ask the judge to issue a "stay away order." This order tells the defendant
to stay away from you (generally 100 yards), and not to hurt, threaten, or harass you.
If the defendant does not obey the order, they will be told to appear in court again to answer to the judge who made the order. If this happens, the judge can send them to jail. At any time whether or not charges are filed, you can pursue a civil restraining order. If granted, this order usually lasts for three years and is valid regardless if charges are filed and is valid no matter where you or the defendant are. This
is the most preferable type of protective order to obtain. If you need help, contact Prevail at (209) 941-2611, and District Attorney Victim/Witness Program at (209) 468-2500 or 468-2600, and they can assist in obtaining
a civil restraining order. It is crucial that all violations of a protective order are reported immediately to law enforcement.
You will only have to testify in court if you are either ordered by the judge to appear in court, or you receive a subpoena directing you to appear. Many cases are resolved without the victim having to testify, but not all. In some cases, a victim or other witness may even have to testify more than once. This is how the process works:
No. You do not have to hire an attorney because you are the victim of a crime. When the defendant abused you, a criminal act which violated the laws of the State of California was committed. The prosecutor represents the People of the State of California. The People of the State of California are prosecuting your abuser for violating the law and it is ultimately the decision of the prosecutor whether or not to file charges.
If you would like more information, call
Victim-Witness Services
(209) 468-2500
Family Justice Center
(209) 468-2600
San Joaquin County Family Justice Center:
(209) 468-2600
San Joaquin County District Attorney's Office:
(209) 468-2400
San Joaquin County Victim Witness Division:
(209) 468-2500
24-HOUR HELP
Chest of Hope Helpline:
(209) 259-5552
PREVAIL Services
24-hour Sexual Assault Helpline:
(209) 465-4997
National Human Trafficking Resource Center:
(888) 373-7888
National Suicide Prevention Hotline:
(800) 273-8255
Crisis Text Line:
Text HOME to 66746