In Chesapeake, stalking charges can carry serious penalties, especially when they involve current or former romantic partners. Virginia harassment laws treat stalking between family or household members differently than stalking between strangers, which can significantly impact your case. At James E. Short, PLC, we understand the worry that comes with stalking allegations. Our Chesapeake criminal defense lawyer helps clients understand the stalking charges they face and works to build a strong defense.
How Virginia Law Defines Stalking Behavior
Virginia Code § 18.2-60.3 defines stalking as engaging in conduct, more than once, directed at another person that places them in reasonable fear of death, criminal sexual assault, or bodily injury. The key elements in stalking cases focus on the pattern of threatening behavior and the victim's reasonable fear. One isolated incident typically doesn't constitute stalking. The behavior must occur "on more than one occasion."
Common examples of stalking behavior include the following.
Unwanted Communication
Repeatedly calling, texting, or messaging someone after they've asked you to stop qualifies as stalking. This includes sending dozens of text messages in a short period despite requests to cease contact.
Physical Following
Trailing someone to their workplace, school, or home may warrant stalking charges. For instance, if you repeatedly park outside your ex-partner's office building to watch them leave work, this could be considered stalking.
Digital Monitoring
Using technology to track someone's whereabouts without consent may be a criminal offense. Installing tracking software on someone's phone or placing a GPS device on their vehicle constitutes stalking behavior.
Unwanted Gifts or Items
Leaving items at someone's home or workplace after being told to stop contact can be intimidating. Even seemingly romantic gestures like repeatedly sending flowers to someone's workplace after they've asked you to stop can be considered stalking.
Making Threats
Directly or indirectly threatening someone's safety establishes the "reasonable fear" element of stalking. Statements like "I know where you live" or "you can't hide from me" may constitute threats when made in a pattern of unwanted contact.
When Stalking Becomes Domestic Violence in Virginia
Stalking charges transform into domestic violence allegations when the behavior involves family or household members. Under Virginia Code § 16.1-228, family or household members include:
- Current or former spouses. Even if you've been divorced for years, stalking an ex-spouse falls under domestic violence laws.
- Parents, children, and siblings. Blood relatives who share a home qualify as family members under the law.
- Individuals who share a child. If you have a child with someone, stalking them could lead to domestic violence charges even if you never lived together.
- Current or former romantic partners. Those who cohabitated within the past 12 months qualify as household members.
- In-laws living in the same home. Family members through marriage who share a residence fall under domestic violence laws
The distinction matters because domestic violence stalking cases often involve additional legal protections for victims, including protective orders that might restrict your freedom of movement, custody rights, and ability to possess firearms.
How Domestic Violence Stalking Differs
When stalking involves a family or household member, Virginia law handles the case differently than stalking between strangers or acquaintances.
Different Court Proceedings.
Domestic violence stalking cases in Virginia often begin in the Juvenile and Domestic Relations District Court rather than the General District Court. For example, if you're accused of stalking your ex-spouse, your case would likely start in J&DR court, which has specialized procedures for family matters.
Additional Protective Measures
Victims of domestic stalking can access emergency protective orders more easily than those stalked by non-family members. If your ex-girlfriend accuses you of stalking, she might obtain a protective order within hours, restricting your movements and communications before you've had a chance to present your side.
Mandatory Arrest Policies
Many Virginia jurisdictions, including Chesapeake, have mandatory arrest policies for domestic violence situations. This means police officers responding to domestic stalking calls have less discretion and may arrest you based solely on the victim's statement, even with limited evidence.
Enhanced Criminal Penalties
While the statutory penalties for stalking remain the same regardless of relationship, judges often treat domestic violence stalking more severely. A first-time offender stalking a stranger might receive probation, while someone stalking a former spouse might face jail time for the same behavior.
Custody Implications
If you have children with the alleged victim, domestic stalking charges can affect your child custody and visitation rights. Even before conviction, temporary custody orders might limit your access to your children during the pending case.
Penalties for Stalking Convictions in Virginia
The severity of the penalty for stalking in Virginia increases with successive convictions.
- A first stalking conviction is a Class 1 misdemeanor under Virginia law, punishable by up to 12 months in jail and fines up to $2,500. The court may also issue a protective order prohibiting contact with the alleged victim.
- A second stalking conviction within five years is a Class 6 felony, punishable by up to five years in prison and fines up to $2,500. A felony conviction also means losing your right to vote, own firearms, and hold certain professional licenses.
- Stalking while under a protective order elevates the offense to a Class 6 felony on the first conviction. If your stalking involves crossing state lines, you might also face federal charges under the Interstate Stalking Punishment and Prevention Act.
How a Chesapeake Criminal Defense Lawyer Can Help
When facing stalking charges, working with an experienced Chesapeake domestic violence defense lawyer offers several advantages:
- Review evidence critically. We examine the prosecution's evidence, looking for inconsistencies or constitutional violations. If the alleged victim's statements contain contradictions, we can challenge their credibility.
- Present alternative explanations. We can help show how your actions might have been misinterpreted. If you regularly shop at the same grocery store as the alleged victim, your presence there might have an innocent explanation.
- Negotiate plea agreements. If the evidence against you is strong, we can work toward a favorable plea agreement. This might include reduced charges or treatment programs that address underlying issues.
- Guide you through proceedings. Whether in protective order hearings or criminal court, your attorney will present your defense and make legal arguments on your behalf.