Monday, January 5, 2015

Domestic Violence an In-depth Explanation Part 4-B: Stalking as harassment

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

Stalking is an Indirect Form of Domestic Violence. A person who commits stalking in relation to domestic violence is liable to the law.

Legal Definition

According to NRS 200.575, stalking is defined as “a person who, without lawful authority,  willfully or maliciously engage in an action that would cause the other person to feel intimidated, frightened, harassed or fearful of his/her safety or of his/her family”.
Let us try to break down the law:

  • A person without lawful authority – Without lawful authority means any person who does not have a consent from the victim, court orders or legal documents to back-up his or her actions.
  • Willfully or maliciously engage in an action – An action cannot be considered as stalking if there is no “intent”. It can be done “unintentionally” if the person has mental-illness or undergoing medication that hinders the ability to think properly.
  • An action that causes any other person to feel intimidated, frightened, harassed, or fearful – This means “any” action that causes or aims to intimidate, frighten or harass the other person may constitute as Stalking. It can be physical, mental, emotional or spiritual.

Example of actions that can constitute as Stalking

  • Damaging, destroying, or breaking the victim’s personal belongings.
  • Sending multiple threat messages via emails, SMS or social networking sites.
  • Spreading lies about the victim via word-of-mouth or through the internet.
  • Intentionally following the victim to his/her home, office, school, cafes, etc.
  • Obtaining information about the victim through the internet, public records, neighbors, relatives, the victim’s home, office, school, etc.
  • Monitoring the victim’s action by secretly placing CCTV cameras.

Penalties

The penalties of Stalking can be grave. It ranges from misdemeanor up to a Felony charge.
Here are the corresponding penalties according to our law:

Offense
Charge
Jail Time
Fines
1st offense
Misdemeanor
Up to 6 months, or community service
Not more than $1,000
Subsequent offense (2nd, 3rd, 4th,…..)
Gross Misdemeanor
Up to 1 year
Not more than $2,000
Stalking via Internet, Social Networking Site, E-mail, SMS.
Category C Felony
Between 1 year to 5 years.
Not more than $10,000





If you know someone who is charged with Stalking, ask him to consult a domestic violence attorney in Las Vegas like Ross C. Goodman. He can provide legal services that can help turn the case in the client’s favor. Goodman has been defending Domestic Violence Cases for decades. He provides free consultations. Contact his office at (702) 383 – 5088.