Local advocates, authorities provide legal guidance for stalking victims
by: Kate Nemarich Posted: Jan 11, 2022 / 04:48 AM EST / Updated: Jan 11, 2022 / 11:28 AM EST Original Article Here
TRI-CITIES, Tenn. (WJHL) — Stalking can be hard to define and even harder to prosecute, but legal advocates say if you think you are being stalked you should take action.
Abuse Alternatives, Inc. in Bristol, Tennessee defines stalking as a pattern of behavior directed at a specific person that would cause a reasonable person to feel fear. That typically looks like two or more incidents of repeated, unwanted behavior. That could mean showing up to places, repeated phone calls or texts or other behaviors.
The individual actions may not be illegal, but the pattern of behavior may be considered stalking and should be documented and reported.
“If you’ve told someone, ‘I don’t want to talk to you anymore; I don’t want you to contact me,’ and they continue to try and contact you or come around you, then it begins to get into that gray area of stalking,” said Holly Trivette, a paralegal with Legal Aid of East Tennessee.
Donna Mix, the executive director of Abuse Alternatives, said because stalkers often know their victims personally, the behaviors often have a specific meaning that is only understood between the offender and victim. The behavior may be frightening to the victim but not someone else.
According to Abuse Alternatives, only 37% of male and 41% of female stalking victims report the crime. Reasons people may not report are because they think it’s a private or personal matter, they feel they lack evidence or fear reprisal.
Investigator Justin Jenkins with the Johnson City Police Department encourages people to reach out if they have concerns.
“If you feel like somebody is following you or think they’re being inappropriate towards you, then absolutely let us know,” said Inv. Jenkins. “One of the first steps is to notify us so we can take a report and insert an investigation into it.”
Both advocates and law enforcement said collecting evidence is key to taking legal action.
“Keep a journal of all incidents of where their stalker appears,” said Mix. “If they have their phone available, take pictures, if at all possible, but send those pictures to a friend to keep for them or print them out. So if something happens to their cell phone, they still have that documentation.”
Documentation can include screenshots, printing emails, a journal and cameras inside or outside your home.
That documentation can be key to establishing a pattern of behavior and asserting that the behavior is unwanted. Trivette said courts need to see that there is a potential danger.
“I would prefer documentation by text, in writing,” said Jenkins. “‘I do not want this relationship. I do not want you to contact me. I do not want anything to do with you anymore.’ Cease all contact; that will only help us in the later if it gets worse.”
Because stalking can be hard to define, the legal process can be complex. Branch House, Abuse Alternatives and Legal Aid of East Tennessee all offer free services to help victims through the process.
“With Legal Aid, we can help with an order protection,” said Trivette. “Legal Aid does help with court representation, getting an attorney to help you kind of explain the process of order protection, and what’s going to happen, what to expect.”
Branch House keeps copies of those documents at their office, so victims can fill out the paperwork in a less stressful environment and with a court advocate and paralegal on hand to help.
Abuse Alternatives offers both court advocates and support groups, as well as resources for housing and food.
Therapists are also available at Branch House and referrals can also be made.
“They can contact the 24-hour crisis hotline, and they can reside in the emergency shelter until hopefully things are resolved,” said Mix. “We have support groups, we have advocates that they could be with one-on-one just to speak with.”
Advocates from the organizations will work with victims through the entire process and beyond, whether or not they pursue or are granted a protection order.
Mix wants victims to be realistic about protection orders and what they offer.
“Some people take it seriously when they get order protections against them, some take it very seriously,” said Mix. “Others pay no attention to it. So if someone has an order of protection, I would advise them not to take that as the cure-all or this is going to fix everything because it doesn’t. Don’t get a false sense of security.”
Jenkins said the order of protection gives police authority to arrest stalkers if they can catch them in the area and prove they violated the order. It can also be used in further court proceedings.
Mix said protection orders typically last a year in the State of Tennessee, but they can be extended before they expire if there has been a violation of the order.
Safety measures should still be taken regardless of protection orders.
“If they go a certain way, they’re at a certain place every time every day, they can vary that routine a little bit, they can let their friends and family know where they are,” said Inv. Jenkins. “They can always be available by phone just in case.”
Phones and other electronic devices should be checked for spyware, especially if one is receiving repeated calls, texts or other messages. Also, victims should check who has access to cell phone accounts. If the stalker and victim share accounts or previously did, victims should make sure their access is revoked or get a new account if possible.
“If they can’t get a new phone, try to get their phone number changed,” said Mix. “Social media is one of the biggest ways that someone is stalked. So you know, they may want to be cautious about what they put on social media about their whereabouts.”
Mix also suggested turning off location services on devices to reduce access if they have been hacked.
If spyware or tracking devices are found on electronics of vehicles, Inv. Jenkins said to call the police immediately.
Additionally, Inv. Jenkins said in the worst-case scenario, if someone is being followed, they can drive directly to the police station.
Trivette also recommends letting loved ones and those around you know about the situation so they can provide help and be an extra set of eyes.
“Letting your friends and family know what’s going on,” said Trivette. “Not keeping it a secret, even though it can be uncomfortable. Letting your employer know, call the police, neighbors, landlords.”
Mix wants those in need to know they don’t have to wait for extremes to call for help from professionals.
“Don’t call just when you need shelter, or you don’t call just when there are physical incidents,” said Mix. “If you just aren’t sure, give us a call and just speak to one of the advocates.”
Both the advocates and police say victims should trust their gut and call for help if they feel something is wrong.
Resources:
Stalking Prevention, Awareness, and Resource Center website.
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