Being accused of harassment or stalking charges can be a terrifying experience. Charges could include anything from a misdemeanor to a felony that could result in jail time, fines, and losing some of your rights as an American. If you are being served with stalking or harassment charges, consider working with a Charlotte stalking lawyer to understand your options. A defense attorney can help create an effective strategy to help with your case.
At The Law Office of Kevin L. Barnett, we have been practicing criminal defense law in Charlotte for over two decades. We have helped fight charges against fraud, battery, and many other criminal charges, and we have successfully represented clients in both local and state courts. Let our legal experience work for you and your case.
According to the law in Charlotte, harassment and stalking are two separate things. Harassment is defined as any form of contact, including digital, written, and personal interactions, that unnecessarily generates fear in the recipient. If this behavior is done repeatedly enough for a person to feel threatened or scared for themselves or their friends’ and family’s well-being, it is considered stalking.
Just because you know you’re innocent doesn’t mean the court does. A conviction could mean large fines and potential jail time. Working with an attorney can help you develop a plan to make an effective case. They can help you gather evidence to help disprove faulty claims and support you during court to make good decisions if your case makes it to trial. An attorney in Charlotte, NC can also help you if these accusations are made during a divorce.
Sometimes, actions can blur the line between unwanted contact and stalking. Here are some common behaviors that are typically considered stalking:
A domestic violence protection order, or DVPO, is sometimes placed on an individual who is found to be stalking or harassing a loved one. This mostly applies to spouses, current and former, but it can also apply to other personal relationships. If this order is granted, it requires the person to stop harassing the victim. It could also affect divorce proceedings, especially if the spouses have children together and require visitation and custody agreements.
Unfortunately, stalking charges and divorce proceedings often go hand in hand. Here are some ways that stalking or harassment charges can affect the divorce process:
Due to the large impact that stalking charges can have on your divorce, it is important to contact a criminal defense attorney if you believe your charges were made maliciously against you.
While many claims of things like cyberstalking and harassment are true, there have been issues where individuals have filed false charges to get back at the defendant. Some actions you can take to prevent false claims from holding up in court include:
The victim can request the court to place a domestic violence protection order, or DVPO, on you for one year. Evidence and statements from witnesses can affect a judge’s decision to grant this DVPO.
A: In Charlotte, if a person harasses another person without a legal reason and knows that it might make the other person fear for their safety or well-being, it is considered stalking. Harassment can take many forms and can occur in person, via writing, or virtually. Stalking can be considered a misdemeanor or a felony, depending on the number of times the person has done it before.
A: The statute of limitations on stalking in Charlotte depends on the specific charges. If the charge is a misdemeanor, then it usually has a statute of limitations of two years. If the victim of stalking was a child at the time, then there is a 10-year statute of limitations. If the persecutor was assigned a felony charge, the statute of limitations might differ.
A: In Charlotte, harassment is defined as any type of message that does not have a purpose other than instilling fear into the recipient. If the perpetrator repeatedly harasses a victim and makes them fear for their safety or physical well-being, the behavior is considered stalking. The amount of emotional distress the victim experiences plays a substantial role in determining the verdict and charges of a harassment case.
A: It is possible to file for a protective order against someone harassing or stalking you in Charlotte. This applies to domestic violence as well as instant protection or no-contact orders. To press harassment charges, contact a stalking and harassment attorney to determine the scope of your case and the type of charges you might be able to file.
Don’t let false stalking or harassment charges ruin your life or affect your divorce. Schedule a consultation with The Law Office of Kevin L. Barnett to review your options and determine a positive course of action for your situation. Let us help your case so you can get back to your life as quickly as possible.