Harasment And Stalking Flashcards
When did the first stalking law get passed and in what state?
In 1990 in California
Define Family?
Spouse, child, parent, sibling, or person who regularly resides in the same household as the targeted person.
Define Patterns?
Two or more acts occurring over a period of time.
Define Harassment in the first degree?
Intrusion in someone’s life that serves no purpose that causes emotional/ mental stress
Harassment in the 1st degree could be limited to?
- Following the person
- Visual or physical contact
- Surveillance of person’s residence, place of work, school
- Vandalism
Harassment in the 2nd degree may include, but is limited to?
- Verbal contact
- Written contact
- Electronic contact
Define Stalking?
Words or conduct that is intended to cause a person to fear.
What are some actions that can be classified as stalking?
- Death of a person or family member
- Assault upon the person or family member
- Bodily injury to the person or family member
- Criminal sexual conduct
- Kidnapping of the person or family member
- Damage to property of person or family member
What is the punishment for stalking?
Fined not more than $5000 and up to 5 years in prison; if restraining order, fined $7000 and up to 10 years in prison.
Stalking and Harassment can get mistaken for other crimes such as?
- Violation of protection order
- Sexual assault
- Trespass
- Unlawful use of a telephone
What is the time frame for a mental health evaluation before setting bail?
Scheduled within 10 days; completed evaluation report within 48 hours.
Define rejected stalker?
Stalking begins after the relationship has ended, characterized by an obsessive desire to reconcile.
Define resentful stalker?
mental health condition who is more dangerous.
Define incompetent stalker?
cognitive limitations/ seldomly interacts with their target.
Define intimacy stalker?
A stalker who perceives their actions as trying to woo or court their victim.
Define predatory stalker?
The most dangerous stalker, who derives excitement from hunting their victim.
Define domestic stalker?
The most predominant category of stalker, targeting current or former spouses.
What is SPARC?
Stalking Prevention Awareness and Resources Center.
Who has jurisdiction over an action seeking a restraining order?
Magistrate Court; Municipal Judges do not have jurisdiction to issue restraining orders.
What are the actions for filing a restraining order?
- Respondent resides
- Criminal offense occurred
- Complaint resides.
Who may file a complaint and motion for a restraining order?
Anyone.
What must complaints allege?
Defendant is engaged in harassment in the 1st or 2nd degree or stalking, stating time, place, and manner of acts.
True or False: The magistrate court must charge for filing a complaint and motion?
False, the filing fee shall be against the respondent.
Do you need notice for a temporary restraining order?
No.
