Tuesday, March 15, 2011

ABA Commission on Domestic Violence

Stalking
Stalking is a crime that is often misunderstood, minimized or missed entirely. As with sexual assault, the vast majority of victims are stalked by someone they know. In fact, a large percentage of stalking cases involve a perpetrator who is either a current or former intimate partner. It makes sense that there is a significant connection among the crimes of stalking, domestic violence and sexual assault. A large percentage of victims who are stalked by a current or former intimate partner were also previously physically and/or sexually assaulted by that partner.

In stalking cases, no relationship between the parties is required in order to be eligible for a civil protection order. However, there may be a requirement that the victim make a report to law enforcement or that the victim be able to show a pattern of conduct. As in sexual assault cases, civil anti-harassment order statutes or injunction statutes may be used to protect victims because most jurisdictions do not have specific civil protection order statutes for victims of stalking.

Stalking is a crime under the laws of all 50 states, the District of Columbia, and the federal government. Yet, stalking is vastly underreported and under-investigated by the criminal justice system. Civil lawyers working with stalking victims should, therefore, be aware of the criminal stalking laws in their jurisdiction and the resources available to assist victims in accessing and navigating the criminal systems.

Additionally, civil lawyers should think about creative ways to assist stalking victims using the civil legal and social service systems in their communities. A majority of stalking victims take some type of self-protective measures to keep themselves safe from their offenders. Civil lawyers can help these victims by informing them about available protection orders, as well as housing and employment laws that may assist the victim (such as the ability to break a lease agreement or maintain employment status). Civil lawyers should also be mindful of the privacy concerns of stalking victims and vigilantly protect all client information.



Safe Housing (see page 50 of document linked below)
http://allianceforvictimsrights.com/images/L_C77576civilbook.pdf


I just want the choice to move or stay to be MINE not someone else's.

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