Virginia Stalking Laws Harassment Laws VA Definition Online Stalking
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Stalking is a malicious behavior that includes repetitively showing up at an estranged partner’s house or causing fear or apprehension in the other person.
In other words, it is not a one-time event but should have happened many times.
Mostly, charges are leveled against divorced or estranged couples, besides stalking celebrities. This will often result in restraining orders against stalkers.
Virginia Stalking Laws
In Virginia, stalking is defined as repetitive conduct which places a person, or his or her family, in fear of death, sexual assault, or bodily injury. The stalkers’ actions can be as obvious as making repeated threats to harm you or your family or harmless by simply showing and waiting for you.
A Stalking Protective Order
- If you are being stalked, seek protective order. A Stalking Protective Order is a civil order that can:
- Order the stalker to refrain from further acts of stalking;
- Prohibit contact between the stalker and you and/or your family, including in person, phone and /or mail contact with you;
- Order the stalker to stay away from your residence and/or place of employment.
Who Can Get A Stalking Protective Order?
Anyone can request an Emergency Protective Order from a Virginia judge or magistrate. The victim can then file a petition at the Virginia General District Court for a Preliminary Protective Order.
You may be able to apply for a family abuse protective order if you are related or married to, living together in the last 12 months or have children in common with the stalker.
Penalties For Stalking
Virginia stalking laws charge first offense as misdemeanors, and the state automatically issues a restraining order upon conviction.
For third time Virginia stalking or related charges within the previous five years, you will be charged with a Class 6 Felony offense in Virginia, with penalties that will go up to five years in prison.
Things to know about stalking charges:
According to section 18.2-60.3, Stalking is defined as “Intent or knowledge that repeated acts cause reasonable fear.” The first-time charge is classified as a Virginia Class 1 misdemeanor and penalty for repeated offense within 5 years will make it Class 6 felony in Virginia. Upon conviction, a restraining order will be issued.
If you are accused of harrasing a person, then get in touch with an Virginia stalking attorney right away. This should help in minimizing the charges if not getting acquitted for lack of evidence.
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If you need the help of a skilled harrasment lawyer in Virginia, then you can count on our harrasment laws lawyers in Fairfax, Virginia.
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