What To Do If You Are Falsely Accused Of Stalking
In recent years, there have been a growing number of laws intended to fight harassment. These laws protect against bullying, stalking and other forms of harassment. While these laws have good intentions, there are times when individuals use these laws in ways they were not intended to punish others. If stalking laws are being used against you, there are ways you can fight back.
Considering Your Intent
Stalking is one of a small number of laws that require that the prosecutor prove intent. It is not enough that the victim believes he or she was stalked, but the prosecutor must also prove that the defendant intended to stalk the victim. For example, if you are traveling the same direction as a stalking victim, but for a legitimate reason, this would not constitute stalking.
A felony stalking charge may be filed if a restraining order is placed against you and you violate the restraining order. Sometimes, it is not your fault for the violation of the restraining order, such as if you accidentally go to the same place as the individual with the order. If there is no reason why you would know that individual would be there, you could claim that the violation was accidental.
If the Accuser Contacts You
If the individual who filed a restraining order against you seeks to contact you or pursues you, you will need to contact a criminal defense lawyer, like those at Bare Law Firm, quickly so you can build a case that may be used to lift the restraining order. Restraining orders are issued when the individual requesting the order feels fearful for his or her life and needs a restraining order for protection. By trying to contact you, the filer is demonstrating that he or she lied to get the restraining order.
When You are a Journalist
Who you are following can also affect whether you are legally allowed to do so. For example, if you are a journalist and you are following a celebrity, this can be considered a constitutionally protected activity. While journalists usually know this, citizen journalists and bloggers may need to make this defense if the celebrity is not aware that the behaviors are protected.
Once you have been accused of stalking, you should cease all contact with the individual making the accusation and should instead contact a lawyer. Any attempt to contact the accuser can be used as more evidence that you are stalking. Any evidence you have that you were not staking should be given only to your lawyer so he or she can use it to build a case to defend you.