1. Protection Orders A victim of stalking may apply to the courts for a protection order at any time. A protection order is a court-issued civil order that orders the harasser to stay away from the victim, the victim`s children, and the places where the victim lives and works. You do not need to be romantically related to the harasser or a relative of the harasser to receive a protection order (as opposed to a domestic violence protection order). Depending on the circumstances, the court may also order the harasser to surrender all weapons while the protection order is in effect. If the harasser does not obey the order, he will be arrested. For the person to be detained, the consequences of a court order against him or her can be very serious. In Arkansas, you can file a claim in small claims court, even for anything that costs $5,000 or less. If you want to sue more, you will need to file a complaint in a regular district court and you may need the help of a lawyer. You can talk to the court clerk for help in filing a lawsuit in small claims court. For more information about the Arkansas Small Claims Court, see this page published by the Arkansas Attorney General. You are (or were at the time of the harassment) a law enforcement officer or community correctional officer; a judge, jury, clerk, clerk, judicial officer, lawyer or legislator; a lawyer for the victims; or an employee of the Department of Child Welfare, Child Protection or Adult Protection Services of the Ministry of Health and Social Services, and a lawsuit takes time, and the process may be too long for some victims. Even if you don`t sue your stalker, the law still protects you.
If you are not sure if you have reasons to sue your stalker or need help with it, contact us. We receive a free consultation with an experienced lawyer to review your forms and help you decide on your best course of action. Get ready for your trial. Plan what you`re going to say, prepare the evidence to bring to court, make copies of all your court documents, and take witnesses to support your story. 4. Criminal charges Every state, including Washington, has criminal laws to protect people from prosecution. Victims can report the stalking to law enforcement and, depending on the facts, the harasser can be prosecuted for committing a crime. If you`re not sure what type of injunction you should get, talk to a lawyer. Click here for help finding a lawyer. Your court`s family law counsellor or self-help centre may also be able to help.
And your local legal advisory offices may also be able to help you or refer you to someone who can. It is not enough to have your word against that of the alleged harasser. You will need proof of harassment, such as copies of the harasser`s messages, testimonies from family members or eyewitnesses, surveillance footage, etc. Criminal harassment and harassment can also take the form of harmful acts against people and property that can be prosecuted for bodily injury. For victims who want to hold their stalkers accountable, a civil lawsuit could provide financial compensation for the physical and mental damage caused. The harasser has already been convicted of criminal harassment in all states; At Manly, Stewart & Finaldi, we can help you get maximum compensation in civil court. We strive to hold stalkers accountable for their actions and get the financial compensation you deserve. Our law firm has successfully advocated for victims of many forms of abuse, including criminal harassment. We use our legal knowledge and let the voice of victims be heard in court. You only have a reason to make a claim against a stalker if you have suffered compensable damages in the incident.
You will need proof of damages such as medical bills, therapy fees, lost wages, or a testimonial about your emotional distress. Whether you feel like the criminal justice system has let you down or you`re looking for justice, here`s how to prosecute a stalker in California. If your damages are less than a certain amount, you may be able to bring an action in small claims court yourself. Small Claims Court is a less formal type of court, and many people can go to small claims court without the help of a lawyer. Your landlord can NOT use your status as a victim of stalking (or any other crime) to get a court-ordered eviction. That is, if you think you have been evicted or treated negatively by your landlord because you are being harassed (or any other crime), contact Legal Voice. For more information, see Landlord/Tenant Issues for Survivors of Domestic Violence, Sexual Assault and/or Criminal Harassment, under Resources. You will need to complete the following form with your application to go to Small Claims Court. If you need more space to describe your application or if you need a testimonial, you can also fill out a return. If you think someone is following you in person or online, here`s the information you need to file a lawsuit against your stalker: Usually, to sue someone for damages, a person will likely need the help of a lawyer. Some lawyers will handle a case like this for a “contingency fee.” This means that the lawyer will not be paid unless you win in court, and then he/she takes a few percent, usually a third, of what the judge orders. Sometimes the judge will ask the defendant to pay your lawyer`s fees.
4. The person seeking protection must “give” a copy of all injunction documents to the other person before the trial date. This means that a person aged 18 or over (NOT involved in the case) must give a copy of all documents to the reserved person. So if you need a civil harassment injunction, no matter why, try to get help from your local legal aid agency first. If they can`t help you, they might be able to send you to someone who can. The harasser sues the same person or family members in violation of a protection order; Your court`s self-help centre may also be able to help you with the civil harassment injunction or refer you to someone who can. Not only do you need to find the defendant`s name, but you also need to have a current address for your stalker in order to serve it. The answer is not easy.
It depends on the facts and the severity of the behavior. The police will assess any situation and take appropriate action in the circumstances. For example, if the police do not arrest the person, they may require them to sign a “promise to appear in court” to respond to the charges. Inform the police and victim services if you are still worried about your safety. If the police make an arrest, ask them to let you know if they will release the person. If the person appears before a judge or justice of the peace, which usually happens within a few hours, this could be the case: protection orders are not a substitute for security planning. In themselves, protection orders can do little to stop the harassment or protect you from harm. Only certain stalkers will take protection orders seriously and stop the harassing behaviour. Work with a victim advocate to create a safety plan. Check out the offers under “Get help now” under “Resources.” Anti-harassment orders: To obtain an anti-harassment order, you must prove that you have been the victim of “unlawful harassment”, which means that the harasser has knowingly and repeatedly harassed you for legitimate or legal purposes.
To obtain an anti-harassment order, you can file an application with the District Court. The form and instructions are listed under Legal Resources under Resources. Read Apply for an Injunction for detailed instructions on how to apply for a civil harassment injunction. There are two ways to take legal action against your stalker. You can take legal action in small claims court or in a regular district court. If you decide to bring an action in an ordinary district court, you will need the help of a private lawyer. Gather evidence that shows how the stalker affects your life.