If you find yourself facing accusations of stalking or are falsely accused of this serious offence, it is crucial to seek expert legal assistance to protect your rights and mount a strong defence.
Our experienced team of criminal defence solicitors understands the complexities of stalking cases. It is dedicated to providing professional guidance and robust representation.
With Monan Gozzett, you can trust in our expertise and commitment to securing the best possible outcome for your case.
Contact our expert team today to see how we can help.
What Is Stalking?
Stalking is a criminal offence involving unwanted and persistent behaviour directed towards an individual, causing fear, distress, or harassment.
It encompasses a range of actions that go beyond mere annoyance or inconvenience.
Stalking behaviours can include:
- following the victim
- monitoring their activities
- making unwanted contact through various means
- trespassing
- or engaging in other intrusive activities that infringe upon the victim's personal space and well-being.
Stalking is not limited to physical proximity.
With the rise of technology, online stalking, known as cyberstalking, has become increasingly prevalent.
Cyberstalkers may use social media platforms, email, text messages, or other digital means to monitor, intimidate, or harass their victims.
The impact of cyberstalking can be just as devastating as physical stalking, often resulting in emotional distress, invasion of privacy, and a profound sense of violation.
How Are Stalking Claims Dealt With?
When stalking claims arise, they typically undergo a thorough investigation by law enforcement agencies to determine their validity.
If sufficient evidence supports the allegations, criminal charges can be brought against the accused.
Additional protections may be implemented for the victim's safety during the investigation and subsequent legal proceedings, such as the imposition of a Stalking Protection Order.
For instance, bail conditions may be imposed on the person accused of stalking, preventing any direct or indirect contact with the victim, including in-person interactions, phone calls, text messages, emails, or social media communication throughout the criminal case.
Following the case's conclusion, the Prosecuting authority may have the option to apply for a Restraining Order on conviction or even a Non-Conviction Retraining Order in the event of an acquittal (a not guilty verdict), which restricts the accused individual from engaging in specific behaviours that could be deemed harassing or will cause a fear of violence.
These orders are intended to be preventative and protective, and the court will need to be satisfied that there is a need for a person (the victim) to be protected.
In situations where the police are not directly involved in the investigation of stalking claims, alleged victims can pursue Civil Orders based on their relationship with the accused person.
These Civil Orders can be sought through the court system to prevent the accused from engaging in certain types of conduct that may cause distress or fear.
Additionally, alleged victims may be able to initiate legal action for damages, seeking compensation for the emotional distress, fear, or alarm experienced due to the alleged stalking behaviour.
What Should You Do If You Are Accused of Stalking?
Being falsely accused of stalking can be a distressing and overwhelming experience.
You may be served with a Stalking Protection order (SPO) which can have an extreme impact on your daily life, freedom, and right to privacy.
Taking immediate action to protect your rights and mount a strong defence is crucial.
Here are some essential steps to consider if you find yourself in this situation:
- Seek legal representation:
Contact a reputable criminal defence solicitor who specialises in stalking cases. They will provide expert guidance tailored to your specific circumstances and help safeguard your rights throughout the legal process. - Remain calm and avoid contact:
It is vital to stay calm and composed, even in the face of false accusations. Refrain from contact with the accuser, as engaging with them could potentially exacerbate the situation and be used against you. Avoid communication, whether in person, via phone, text, email, or social media channels. - Document and gather evidence:
Collect and preserve evidence supporting your defence. This may include communications, text messages, emails, or any other relevant documents that demonstrate your innocence or contradict the accusations against you. Additionally, if there were any witnesses to your interactions with the alleged victim, consider obtaining their statements or contact information. - Maintain confidentiality:
It is essential to maintain confidentiality regarding the case details. Refrain from discussing the situation with anyone other than your legal representative. This precaution helps ensure that your defence strategy remains protected and prevents any unintended complications. - Cooperate with your solicitor:
Work closely with your criminal defence solicitor to build a robust defence strategy. Provide them with all relevant information and be honest about your interactions with the accuser. Your solicitor will guide you through the legal process, help you understand your rights, and advocate for your innocence. - Attend court proceedings:
If your case proceeds to court, attend all scheduled hearings and proceedings. Dress appropriately, behave respectfully, and follow your solicitor's advice on courtroom etiquette. Your solicitor will represent you, present your defence, and challenge the accusations on your behalf.
You can read more information about this in our blog ‘Have You Been Falsely Accused Of Stalking?'
How Can Monan Gozzett’s Criminal Defence Solicitors Help?
At Monan Gozzett LLP, our experienced criminal defence solicitors team is committed to providing comprehensive support and robust representation for individuals facing stalking accusations.
We understand the severe impact that false stalking allegations can have on your personal and professional life.
Here's how our solicitors can assist you:
- Expert legal advice:
Our solicitors possess in-depth knowledge of stalking laws and extensive experience handling complex criminal cases. We will provide specialist legal advice tailored to your circumstances, ensuring you understand your rights, the legal process, and the potential consequences. - Strong defence representation:
We will work diligently to build a strong defence strategy on your behalf. Our team will thoroughly examine the evidence, scrutinise the prosecution's case, and challenge any weaknesses or inconsistencies. We aim to protect your rights and present the strongest possible defence to secure a favourable outcome. - Protection of your rights:
Our solicitors will prioritise protecting your rights and ensuring fair treatment throughout the legal proceedings. We will closely monitor the investigative process, safeguard your privacy, and advocate for your interests at every stage of the case. - Negotiation and advocacy:
Sometimes, negotiation or alternative dispute resolution may be possible. Our solicitors will explore all viable options to minimise the impact of the allegations on your life. If appropriate, we will negotiate with the prosecution or seek alternative resolutions that serve your best interests. - Court representation:
Should your case proceed to court, our skilled solicitors will provide strong courtroom representation. We will present your defence effectively, challenge the prosecution's evidence, cross-examine witnesses, and advocate for your innocence before the judge and jury. Our goal is to achieve the most favourable outcome possible for your case.
We understand the emotional and legal complexities that arise in stalking cases.
Our solicitors approach each case with sensitivity, professionalism, and a commitment to achieving the best possible outcome for our clients.
By choosing Monan Gozzett LLP, you can be confident that you have a dedicated legal team by your side, fighting vigorously to protect your rights and reputation.
Contact our team today by calling 0207 936 6329 or email info@monangozzett.com.
Stalking Defence Solicitors: Frequently Asked Questions
The potential sentences for stalking offences can vary depending on the jurisdiction, the severity of the offence, and other factors specific to the case. Stalking is generally considered a serious offence due to its significant impact on victims. Penalties can include:
Custodial sentences: Sentences can range from months to years, with more severe cases resulting in longer prison terms.
Fines: Stalking offences may also result in financial penalties. The fine amount can vary depending on the jurisdiction, the severity of the offence, and the offender's financial circumstances.
Probation or community service: In some cases, the court may impose probation or community service as an alternative to or in addition to imprisonment. Offenders may be required to comply with specific conditions, such as attending counselling or rehabilitation programs, maintaining good behaviour, and avoiding contact with the victim.
Restraining orders/Stalking Protection Orders: The court may issue these types of orders prohibiting the offender from contacting or approaching the victim. Violation of these orders can lead to further legal consequences.
Yes, potential defences can be raised in response to stalking allegations. The availability and effectiveness of these defences may vary depending on the jurisdiction and the case's specific circumstances. Here are a few common defences that may be utilised:
Lack of intent: Stalking typically requires a showing of intent to engage in unwanted and persistent behaviour. If it can be demonstrated that the alleged actions were unintentional or lacked the necessary intent to cause fear, distress, or harassment, it may serve as a defence against the stalking charges.
Lack of credible evidence: Mounting a defence based on the lack of credible evidence can involve challenging the prosecution's case. This may include questioning the reliability or credibility of the accuser's statements, presenting alternative explanations for the alleged behaviour, or highlighting inconsistencies or contradictions in the evidence presented.
Mistaken identity: In some cases, mistaken identity can be raised as a defence if it can be established that the accused was not the person responsible for the alleged stalking behaviour. This defence may involve providing evidence of an alibi or demonstrating that the accuser misidentified the defendant.
Lawful purpose: If the accused can demonstrate that their actions had a lawful purpose or were part of legitimate activities, it can potentially serve as a defence. For example, suppose the alleged behaviour was part of a job-related duty or lawful investigation. In that case, it may be argued that it does not constitute stalking.
Consent: Consent can be a defence if it can be shown that the alleged victim willingly and knowingly accepted or encouraged the behaviour that is now being characterised as stalking.
It's essential to consult with a qualified criminal defence solicitor who can assess the specific details of your case, identify applicable defences, and provide guidance on the most appropriate legal strategies. They will work with you to build a strong defence tailored to your circumstances and advocate for your rights throughout the legal process.
If you would like to speak to our expert legal team about this, or any related subject then please contact our team by phone on 0207 936 6329, Email or by completing our Quick Contact Form below.