Los Angeles Stalking in Domestic Violence Cases

In Los Angeles, a city marked by its diverse communities and complex social dynamics, the specter of domestic violence casts a long shadow. Within this context, stalking emerges as a particularly insidious form of abuse, often intertwined with intimate partner violence. California's legal system, recognizing the profound psychological and emotional harm inflicted by stalking, has enacted robust laws to protect victims. 

This page aims to provide a detailed understanding of stalking within domestic violence cases in Los Angeles, offering insights into the legal definitions, potential defenses, and the critical role of experienced legal representation. If you are charged with stalking in a domestic violence case get in touch with our domestic violence attorneys today and stay out of jail!

California's legislature and courts have broadened the traditional understanding of domestic violence. While physical violence remains a core component, the legal framework now acknowledges the pervasive and often invisible harm caused by persistent harassment, intimidation, and control. Stalking, as defined under California Penal Code Section 646.9 PC, falls squarely within this expanded definition.

California Penal Code Section 646.9 PC delineates the crime of stalking, emphasizing the elements of willful, malicious, and repeated harassment coupled with credible threats. To fully grasp the implications of this statute, it is essential to dissect its key components:

• Willful, Malicious, and Repeated Conduct:
  • "Willful" implies a deliberate act, not an accidental or unintentional one.
  • "Malicious" suggests an intent to vex, annoy, or injure another person, or to intentionally disregard the rights or safety of others.
  • "Repeated" signifies a pattern of conduct, not a single isolated incident. This pattern is crucial in establishing the persistent nature of stalking.
• Harassment or Following:
  • This encompasses a wide range of actions, from physical following to digital harassment. In the digital age, this includes:
    • Relentless phone calls, text messages, and emails.
    • Monitoring social media activity, including creating fake profiles to observe the victim.
    • Unauthorized access to online accounts (hacking).
    • The use of GPS tracking devices without consent.
  • It is vital to note that even seemingly innocuous actions, when part of a pattern, can constitute harassment.
• Credible Threats:
  • A "credible threat" is one that a reasonable person would perceive as posing a genuine risk to their safety or the safety of their immediate family.
  • These threats can be verbal, written, or implied through actions.
  • The prosecution must demonstrate that the threat was sufficiently specific and believable to cause reasonable fear.
• Intent to Instill Fear:
  • The prosecution must prove that the defendant's actions were intended to cause fear in the victim. This element underscores the psychological impact of stalking.
• Violation of a Protective Order:
  • If a restraining order (DVRO) is in place, any violation of its terms automatically elevates the stalking charge to a felony. This highlights the seriousness with which California courts treat violations of protective orders.

Stalking in domestic violence often intensifies after a relationship ends, as the perpetrator seeks to maintain control and power. Common manifestations include:

• Post-Relationship Obsession: The stalker refuses to accept the end of the relationship, engaging in persistent attempts to reconnect or intimidate the victim.
• Technological Abuse: Cyberstalking, including monitoring online activity, hacking accounts, and spreading false information, is increasingly prevalent.
• Physical Surveillance: Following the victim to work, home, or social gatherings, creates a sense of constant threat.
• Emotional and Psychological Manipulation: Sending unwanted gifts, letters, or messages, often with the intent to confuse or intimidate the victim.
• Threats to Family and Friends: Extending the campaign of fear to the victim's support network.

A DVRO is a critical tool for protecting victims of domestic violence and stalking. It can prohibit the accused from:

• Contacting the victim directly or indirectly.
• Coming within a specified distance of the victim's home, workplace, or other locations.
• Possessing firearms.
• Any violation of a DVRO can result in severe criminal penalties.

In the digital age, cyberstalking has become a significant concern. California Penal Code Section 653.2 PC specifically addresses this crime, encompassing the use of electronic communication to harass or threaten another person. This includes:

• Sending harassing or threatening emails, text messages, or social media posts.
• Posting private information about the victim online without their consent.
• Using technology to track the victim's location.

At Kraut Criminal & DUI Lawyers we will meticulously examine the evidence and explore potential defenses, which may include:

• Lack of Intent: Challenging the prosecution's claim that the defendant intended to cause fear.
• False Allegations: Investigating the accuser's motives and identifying any inconsistencies in their statements.
• No Credible Threat: Arguing that the defendant's statements did not constitute a genuine threat.
• Misidentification: Presenting evidence that the defendant was not the perpetrator.
• Violation of Constitutional Rights: Challenging the legality of evidence obtained through illegal search and seizure.
• First Amendment protection: In some very narrow cases, the defense could argue that the actions are protected speech, but this is a very difficult argument to make in stalking cases.
• Mental Health defenses: Where applicable, demonstrating that mental health issues impacted the defendants' ability to form the required intent.

Stalking is a "wobbler" offense, meaning it can be charged as either a misdemeanor or a felony, depending on the circumstances.

• Misdemeanor Stalking: 
• Up to one year in county jail.
• Fines up to $1,000.
• Informal probation.
• Restraining orders.
• Felony Stalking: 
• Two to five years in state prison.
• Fines up to $10,000.
• Formal probation with strict conditions.
• Mandatory restraining orders.
• Possible lifetime sex offender registration under PC 290, if sexually motivated.

• Prior stalking convictions.
• Violation of an existing protective order.

If you are accused of stalking, it is imperative to seek legal representation immediately. An experienced Los Angeles criminal defense attorney can:

• Conduct a thorough investigation.
• Challenge the prosecution's evidence.
• Negotiate for reduced charges or dismissal.
• Protect your constitutional rights.
• Provide a strong defense at trial.
• Guide the long-term impact of a conviction.

If you face stalking allegations in a domestic violence context, do not delay seeking legal counsel. Contact a qualified Los Angeles criminal defense attorney at Kraut Criminal & DUI Lawyers for a confidential consultation.