Legal Question in Criminal Law in Michigan

aggravated stalking

Can someone be charged with aggravated stalking if they go to someones door one time to ask them a question?


Asked on 1/08/08, 5:04 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: aggravated stalking

Yes ... but only if that "someone":

(1) was violating the terms of a PPO, retraining order, injunction, pre-trial release order, parole/probation order, etc; or

(2) the course of conduct was against a family member or member of his/her household; or

(3) had been previously convicted of stalking or aggravated stalking.

In addition, the "act" had to be something through which the "someone" intended to frighten, terrorize, intimidate, harass, threaten or molest another person ... and a reasonable person would feel that way ... AND the victim actually felt that way.

So, "going up to a door and asking a question" might qualify, or might not qualify.

I'll bet there are more facts than the Someone just "going to a door and asking a question". Most times, someone coming to a door does not actually cause the person behind the door to feel threatened or harassed, etc. And most pepole do not need to go TO a "door" to ask a question; a phone call will suffice. And the "question" itself might have been the real act of harassment/threat/intimidation. And if the "someone" had a no-contact court order in place, then that "someone" should not be engaged in rationalizing that some contact is "ok" (since it's just 'asking a question'). A court order must be followed. Period! Don't like the order? Go back to the judge to try to change it. Otherwise, suck it up and obey it (or suffer the consequences)!

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Answered on 1/08/08, 10:07 pm


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