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Domestic Violence And Stalking

On Behalf of The Foley Law Firm | October 28, 2016

It is not uncommon for domestic violence allegations to also include allegations relating to stalking. Courts recognize that it is not uncommon for an aggrieved spouse or significant other to falsely accuse his or her partner of stalking merely out of anger, or to make such accusations in order to gain the upper hand in divorce or other kinds of legal proceedings. For this reason, even if you have been accused of stalking, courts will be open to hear your side of the story during your criminal defense proceedings.

The National Institute of Justice defines the act of stalking as "a course of conduct directed at a specific person that involves repeated visual or physical proximity, nonconsensual communication, or verbal, written, or implied threats, or a combination thereof, that would cause a reasonable person fear." When allegations of stalking are made, they will usually fall under one of the following three categories:

— Erotomania: This term describes a person who has acquired a delusional obsession with another individual who remains outside of the reach of the stalker.

— Love obsessional: This term refers to an individual who is following someone else whom he or she claims to have fallen in love with.

— Simple obsessional: This term relates to stalking that involves the alleged stalker following someone who he or she personally knows.

When claims of stalking are combined with domestic violence, they will fall under the third category — simple obsessional — because, in domestic violence situations, the victim is always known to the alleged stalker, either as his or her lover, ex-spouse, coworker or employer. If you have been accused of this crime in Colorado Springs, know that you will not be considered guilty until -- and only if -- a court finds you to be guilty beyond a reasonable doubt. Until then, you will have every opportunity to defend yourself against your criminal allegations in court.

Source: FindLaw, "Stalking and Domestic Violence," accessed Oct. 28, 2016

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