DOMESTIC VIOLENCE ( PART 2 )

Stalking

Arizona law defines stalking as follows:Arizona Revised Statute 13-2923. Stalking; classification; definitions

A. A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and if that conduct either:

  1. Would cause a reasonable person to fear for the person’s safety or the safety of that person’s immediate family member and that person in fact fears for their safety or the safety of that person’s immediate family member.
  2. Would cause a reasonable person to fear physical injury to or death of that of that person or that person’s immediate family member and that person in fact fears physical injury to or death of that person or that person’s immediate family member.

B. Stalking, under subsection A, paragraph 1 of this section is a class 5 felony. Stalking under subsection A, paragraph 2 is a class 3 felony.

C. For the purposes of this section:

  1. “Course of conduct” means maintaining visual or physical proximity to a specific person or directing verbal, written or other threats, whether express or implied, to a specific person on two or more occasions over a period of time, however short, but does not include constitutionally protected activity.
  2. “Immediate family member” means a spouse, parent, child or sibling or any other person who regularly resides in person’s household or resided in a person’ s household within the past six months.
Common Stalking Behaviors

Below is a list of common stalking behaviors. Stalking during a relationship or after it has ended is high-risk behavior. It is typically defined as the willful, malicious and repeated following or harassing of another person, accompanied by a credible threat of violence. It has been increasingly recognized as a serious crime in the United States. Safety precautions must be taken if it is occurring to you or someone you love! And remember, in most states, these behaviors are also against the law.

  • Mailing cards or other cryptic messages
  • Breaking windows, breaking into or vandalizing partner’s home
  • Taking partner’s mail
  • Leaving things, such as flowers on doorstep or at work
  • Watching partner from a distance
  • Hang-up calls on the telephone
  • Following partner with a car or on foot
  • Hiding in bushes or other surveillance of partner’s home
  • Surveillance of partner at work
  • Other trespassing
  • Vandalizing partner’s property
  • Destroying property to scare or intimidate partner
  • Stealing things from partner
  • Breaking into partner’s house or car
  • Filing numerous pleadings in court cases
  • Filing for custody of children regardless of their needs
  • Not respecting visitation limitations
  • Harassing telephone calls or notes
  • Violation of restraining orders
Stalking Victim Recommendations
Please be aware that a stalking situation may never be resolved to the victim’s satisfaction or to the satisfaction of the suspect. Also, not all the suggestions presented will be appropriate or feasible for all situations — each case is to be analyzed individually, as not any two relationships are the same.This material was taken from recommendations developed by the Texas Council on Family Violence

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