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Brandon Law Group
Specializing In Family Law Litigation And Mediation

How is stalking defined under California's domestic violence law?

The feeling that one is being followed or watched is a disheartening and disturbing sensation. It can make a person feel, at best, uneasy as they go about the business of their day or, at worst, in fear of their safety as they manage their everyday responsibilities. In California, a broad range of behaviors may be considered stalking and when stalking is properly alleged victims may seek protections under the criminal and domestic violence laws of the state.

First, stalking is not just following a person around. It can involve harassment and threats against a victim and their family members. One of the most defining features of stalking is the fact that it happens more than once. It is generally necessary for a stalking victim to demonstrate that there is a pattern to their aggressor's conduct and that pattern involves prohibited behaviors under the state's stalking statute.

For example, imagine that every day for a week an aggressor left a note on their victim's car and claimed in that note that the aggressor would hurt the victim at any moment and without warning. The apprehension and unease created by that pattern of conduct may be sufficient for the victim to allege stalking and secure a protective order against the guilty aggressor.

Stalking is a serious legal and personal safety issue and can affect a victim's health and happiness. Victims of domestic violence in California have rights and options to break the cycles of violence. Stalking victims are protected and have rights to take action against their aggressors in the state's courts.

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