Domestic Violence and Stalking Defenses

Stalking Defined

Stalking is not an isolated occurrence. It is a persistent pattern of offensive and alarming behavior. According to the National Coalition Against Domestic Violence (NCADV), one in six women and one in nineteen men has experienced stalking during their lifetime. While stalking is already distressing in itself, it becomes far more concerning when it occurs within past or present violent relationships.

Understanding Domestic Violence in West Virginia

The law in West Virginia does not separate domestic violence, stalking, and assault into distinct categories. However, when the victim and offender share a “domestic relationship,” the handling of the case changes significantly. A “domestic relationship” is defined by the state as follows:

• Living together as current or former partners or having a child together.
• Being in a past or current sexual relationship with the offender.
• Parent-child relationships.
• Sharing any other type of familial connection with the offender.

What Crimes Fall Under Domestic Violence?

Per Section 6102-Title 23-DOMESTIC RELATIONS, domestic violence crimes include, but are not limited to:

• Physical injuries caused recklessly or intentionally.
• Sexual assault, rape, or any form of indecent assault.
• Threats of bodily harm.
• Incest, with or without a weapon.
• Sexual abuse of minors.
• False imprisonment.
• Actions causing reasonable fear of bodily harm, including unauthorized following of the victim.

If your case involves any of these elements and requires legal guidance, retaining the expertise of a Weirton criminal lawyer can make a significant difference.

How to Identify Stalking Behavior

Under West Virginia law, stalking encompasses any repeated act or communication intended to create a reasonable fear of bodily injury or major emotional distress. Section 2709.1-Title 18-CRIMES AND OFFENCES stipulates several key points about stalking:

• Stalking involves multiple incidents as part of a “course of conduct.”
• Stalking begins as a first-degree misdemeanor, but it escalates to a felony when specific circumstances arise.

Elevated Felony Charges May Apply When:

• The stalking includes repeated occurrences.
• The offender has a history of violent acts against the victim or family members.
• The victim has a Protection from Abuse (PFA) order against the offender.

If you face accusations of such behaviors, consulting a Weirton DUI attorney can provide a clearer path forward and ensure your case is handled justly. It is important to note that filing a false stalking report is also a serious crime under West Virginia law, categorized as falsely incriminating someone or submitting a fictitious report.

Examples of Stalking Behaviors

Stalking may manifest in numerous ways, including but not limited to:

• Violating protective orders.
• Persistent harassment, both online and offline.
• Trespassing on private property.
• Making obscene phone calls.
• Tracking vehicle whereabouts or tampering with a victim’s car.
• Disabling or tampering with home security systems.
• Repeatedly monitoring the victim’s activities, often excessively.

Penalties for Stalking Charges

Stalking in West Virginia carries severe penalties:

• First-Degree Misdemeanor: Up to $10,000 in fines and up to five years of imprisonment.
• Third-Degree Felony: Up to $15,000 in fines and up to seven years of imprisonment.

Penalties become even more severe in cases involving minors, elderly victims, violations of PFAs, or domestic violence. These situations often lead to arrests without the need for a warrant. A Weirton criminal lawyer can guide and defend you through such challenging scenarios.

Defenses Against Stalking Charges

Defending against stalking charges requires a well-structured argument. Potential defenses may include:

• Insufficient evidence from the prosecution to prove the offense.
• Mistaken identity or being wrongfully accused by the victim.

Seeking aid from legal professionals, such as a Weirton DUI attorney, ensures that your rights are protected and your case is presented effectively.

Suggestions If You Are Accused

If you are involved in any legal situation related to stalking, consider these critical tips:

1. Avoid all forms of direct communication with the victim, even if you believe the accusations are baseless.
2. Leave the legal handling to a professional. Attorney Sean Logue can bring years of expertise to your case, ensuring it is navigated with precision.

Contact the Experts

If you’re in Weirton and need a reliable attorney, call us today at 844.PITT.DUI for free consultation. Our team of skilled attorneys specializes in defending cases as Weirton DUI attorneys, and we’re committed to safeguarding your rights.