Legal Question in Criminal Law in Virginia
Harrassment ?
My fiance's ex-husband is apparently stalking/spying on us. he knows when I've spent time with her, as he has told her. He has also come up to me on two different occasions to let me know that he's happy about my relationship with his ex, and that he's ''not a violent guy'', and won't do anything along those lines. He has, according to my fiance, a history of alcohol abuse, so I don't trust him at his word on ANYTHING. Is there any legal recourse that I may take to keep him away from me ? I know he has to deal with her due to custody and visitation, but I don't EVER want to see or talk with him again. Thanks for your assistance.
1 Answer from Attorneys
Re: Harrassment ?
Stalking another person is a crime under the laws of the Commonwealth and is punishable as a Class 1 misdemenaor offense upon a first conviction and as a Class 6 felony upon conviction for a third such offense. (See Va. Code Sec. 18.2-60.3)
Under 19.2-158.2, a person who believes that he or she may be a victim of such stalking, may seek an emergency protective order from a judge
to put an end to this clearly illegal form of harassment. If the stalker then provably violates the order, he or she may then be convicted of either the misdemenaor or felony offense referenced above, depending upon the applicable facts.
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