Stalking Is A Form Of Domestic Violence

Most of the time, people think that crimes of domestic violence must be overtly and immediately violent, such as battery, sexual assault, or even homicide. In reality, many domestic violence crimes do not necessarily inflict major physical harm. Stalking is a prime example of an offense that usually does not result in physical injury or death to the victim (at least not immediately), but it is often committed with the intent to harm a domestic partner. If you have been charged with this offense, it is pivotal that you understand exactly what stalking looks like in a domestic violence context.

‘Willfully, Maliciously, Repeatedly’

In Florida, the definition of stalking varies slightly if it is perpetrated in a domestic violence context. Someone must “willfully, maliciously, and repeatedly” follow, harass, or cyberstalk a person who shares a specific relationship with them to be deemed guilty of domestic violence stalking. (‘Harassment’ is defined as pursuing a course of conduct that results in significant emotional distress to a chosen victim, with no other intended purpose.)

In general, stalking is so often seen as a stranger’s crime, but statistics from the Domestic Violence Services Network (DVSN) report that the overwhelming majority of victims – roughly 82 percent – are stalked either by an acquaintance or a current or former romantic partner. Stalkers have multiple different reasons for perpetrating this kind of offense, but many of the current or former romantic partners who engage in this behavior do so as a way of asserting or reasserting control over the victim.

Is There A Pattern?

If you have been charged with stalking in a domestic violence context, it is crucial to enlist an attorney to help defend your rights. Stalking is a crime that is taken very seriously in Florida courts, but if your behavior has not escalated into a pattern, or you have a reason to pursue the person other than sheer malice, there is a chance of avoiding a conviction. In addition, it may simply be possible to show that no emotional distress to the victim resulted from your behavior.

It is perhaps comprehensible that people going through messy breakups or other life stressors may explode, may make threats or say things they do not mean – and while this behavior is obviously not encouraged, it need not rise to the level of harassment or stalking. No degree of ‘winning points’ against an ex or co-parent is worth a potential jail term, to say nothing of the long-term consequences of having a stalking charge on one’s criminal record.

Contact A West Palm Beach Domestic Violence Attorney

If you have been charged with domestic violence stalking, you need a West Palm Beach domestic violence attorney to protect your rights and guide you through the legal process. The firm of Perlet & Shiner, P.A. has handled many of these cases before, and will work hard on yours. Call our office today to speak to an attorney.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.048.html