Legal Question in Criminal Law in Virginia

Stalking

My daughter has broken up with her boyfriend.He calls her and rides by our house at all times what rights does she have,and what can be done to stop him?


Asked on 12/07/00, 11:35 am

2 Answers from Attorneys

Joseph McGrath Joseph McGrath, Attorney at Law

Re: Stalking

She may obtain a protective order from a judge

or magistrate. To stalk, one must engage in conduct, more than once, that puts the other person ( your daughter)in fear of death, criminal sexaul assault, or bodily injury. She should record the date time, and events, and go to

a magistrate with that informaiton. If she is a juvenile, he may refer her to the J&D court.

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Answered on 12/08/00, 1:33 pm
Robert Smallenberg Robert H. Smallenberg, P.C.

Re: Stalking

More specifics would be necessary to give you an informed answer.

If, for example, the ex-boyfriend's actions have put your daughter in reasonable fear for her safety and there have been at least three separate and distinct instances where she has feared for her safety, then the ex-boyfriend may be arrested for stalking.

Also, there is a Virginia statute that makes it a misdemeanor to cause someone's telephone to ring with the intent to harass or annoy.

You may wish to discuss the particulars of your matter with an attorney or, as a cheaper alternative, the police department or magistrate's office in your locality.

Robert H. Smallenberg

Robert H. Smallenberg, PC

(804) 788-1956

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Answered on 12/08/00, 12:59 pm


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