What can I do about continual harassment and stalking?
Full Question:
I have been stalked and harassed by my neighbors, his/her friends, family and coworkers of Santa Clara County. This has gone on for 1 yr and 7 months. I have spent thousands on private investigators. I have gone to the Board of Supervisors and have asked for help from the DA's Office. No one has provided me with support, nor have these agencies taken me serious. Last week I could no longer take the stalking, being watched by other neighbors in the area. I am under constant 24/7 surveillance. I have become extremely depressed and feel helpless. The Police never write up reports when incidences occur. I finally found out these individuals belong to a neighborhood watch/policing group.
I have had garbage, feces, styrofoam, burnt wood, computer parts and even a toy gun that appeared real to me at first. I am constantly experiencing intimidation tactics. I have no privacy.
These people are trying to 'drive me crazy' so that I loose my job and house. They want me gone and are willing to go to any lengths. If I would have died as the result of an overdose and just kept thinking, 'You are never going to stalk me again. What kind of quality of life is this? I do not even know many of these individuals personally. It feels like I woke up one morning and became an enemy of the state. It feels like I am helpless and have no rights. On each side of my home, the men monitor everything that is said in my home. I feel ganged up on. If I would have died, could these individuals be charged with murder, manslaughter, or any crime?
I have documentation and have told everyone I know just in case something terrible happens. So this is what 'neighborhood watch is like in my neighborhood of 18 years. The Police are quite aware of this behavior and have even spent 45 minutes trying to convince me that the stalking may be a coincidence. I have done research and tracked this group who receives funding from the Attorney General's Office. I do not believe the money is to do this kind of harm. I am not a felon and have asked them to please stop. They deny any involvement, however their conversations are faint on my TV. I hear everything. They laugh at me, throw things on my roof. What can I do? I do not want to die. But I also do not want to live like this.
12/30/2008 |
Category: Civil Rights |
State: California |
#14890
Answer:
A person who intentionally and repeatedly follows or harasses another person and who makes a credible threat, either expressed or implied, with the intent to place that person in reasonable fear of death or serious bodily harm is guilty of the crime of stalking. A person may be charged with aggravated stalking if they commit the crime of stalking while subject to a temporary restraining order, injunction against trespass, or similar order. Criminal statutes which can be used in an effort to deter stalking include laws against harassment and assault, as well as a specific stalking law. Several states have particular requirements in order for enhanced penalties to apply. The enhanced stalking crimes are usually distinguished by their designations as either first and second degree, or felony and misdemeanor stalking. Most often, enhancements are if the victim is below a certain age, or if the defendant has violated a court order or protective order, or if a deadly weapon was used.
Harassment is governed by state laws, which vary by state, but is generally defined as a course of conduct which annoys, threatens, intimidates, alarms, or puts a person in fear of their safety.
Harassment is unwanted, unwelcome and uninvited behavior that demeans, threatens or offends the victim and results in a hostile environment for the victim. Harassing behavior may include, but is not limited to, epithets, derogatory comments or slurs and lewd propositions, assault, impeding or blocking movement, offensive touching or any physical interference with normal work or movement, and visual insults, such as derogatory posters or cartoons.
The following are California statutes:
' 422 Penal
Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person
threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety, shall be punished by imprisonment in the county jail
not to exceed one year, or by imprisonment in the state prison.
For the purposes of this section, "immediate family" means any spouse, whether by marriage or not, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.
"Electronic communication device" includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers. "Electronic communication" has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.
' 646.9 Penal
(a) Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking, punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison.
(b) Any person who violates subdivision (a) when there is a temporary restraining order, injunction, or any other court order in effect prohibiting the behavior described in subdivision (a) against the same party, shall be punished by imprisonment in the state prison for two,
three, or four years.
(c)
(1) Every person who, after having been convicted of a felony under Section. 273.5, 273.6, or 422, commits a violation of subdivision (a) shall be punished by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by
both that fine and imprisonment, or by imprisonment in the state prison for two, three, or five years.
(2) Every person who, after having been convicted of a felony under subdivision (a), commits a violation of this section shall be punished by imprisonment in the state prison for two, three, or five years.
(d) In addition to the penalties provided in this section, the sentencing court may order a person convicted of a felony under this section to register as a sex offender pursuant to Section 290.006.
(e) For the purposes of this section, "harasses" means engages in a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose.
(f) For the purposes of this section, "course of conduct" means two or more acts occurring over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct."
(g) For the purposes of this section, "credible threat" means a verbal or written threat, including that performed through the use of an electronic communication device, or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct, made with the intent to place the person that is the target of the threat in reasonable fear for his or her safety or the safety of his or her family, and made with the apparent ability to carry out the threat so as to cause the person who is the
target of the threat to reasonably fear for his or her safety or the safety of his or her family. It is not necessary to prove that the defendant had the intent to actually carry out the threat. The present incarceration of a person making the threat shall not be a bar to prosecution under this section. Constitutionally protected activity is not included within the meaning of "credible threat."
(h) For purposes of this section, the term "electronic communication device" includes, but is not limited to, telephones, cellular phones, computers, video recorders, fax machines, or pagers. "Electronic communication" has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.
(i) This section shall not apply to conduct that occurs during labor picketing.
(j) If probation is granted, or the execution or imposition of a sentence is suspended, for any person convicted under this section, it shall be a condition of probation that the person participate in counseling, as designated by the court. However, the court, upon a showing of good cause, may find that the counseling requirement shall not be imposed.
(k)
(1) The sentencing court also shall consider issuing an order restraining the defendant from any contact with the victim, that may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family.
(2) This protective order may be issued by the court whether the defendant is sentenced to state prison, county jail, or if imposition of sentence is suspended and the defendant is placed on probation.
(l) For purposes of this section, "immediate family" means any spouse, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the
household.
(m) The court shall consider whether the defendant would benefit from treatment pursuant to Section 2684. If it is determined to be appropriate, the court shall recommend that the Department of Corrections and Rehabilitation make a certification as provided in Section 2684.
Upon the certification, the defendant shall be evaluated and transferred to the appropriate hospital for treatment pursuant to Section 2684.
' 646.91 Penal
(a) Notwithstanding any other law, a judicial officer may issue an ex parte emergency protective order where a peace officer, as defined in Section 830.1, 830.2, or 830.32, asserts reasonable grounds to believe that a person is in immediate and present danger of stalking based upon the person's allegation that he or she has been willfully, maliciously, and repeatedly followed or harassed by another person who has made a credible threat with the intent of placing the person who is the target of the threat in reasonable fear for his or her safety, or the safety of his or her immediate family, within the meaning of Section 646.9.
(b) A peace officer who requests an emergency protective order shall reduce the order to writing and sign it.
(c) An emergency protective order shall include all of the following:
(1) A statement of the grounds asserted for the order.
(2) The date and time the order expires.
(3) The address of the superior court for the district or county in which the protected party resides.
(4) The following statements, which shall be printed in English and Spanish:
(A) "To the protected person: This order will last until the date and time noted above. If you wish to seek continuing protection, you will have to apply for an order from the court at the address noted above. You may seek the advice of an attorney as to any matter connected with your application for any future court orders. The attorney should be consulted promptly so that the attorney may assist you in making your application."
(B) "To the restrained person: This order will last until the date and time noted above. The protected party may, however, obtain a more permanent restraining order from the court. You may seek the advice of an attorney as to any matter connected with the application. The attorney should be consulted promptly so that the attorney may assist you in responding to the application. You may not own, possess, purchase or receive, or attempt to purchase or receive a firearm while this order is in effect."
(d) An emergency protective order max be issued under this section only if the judicial officer finds both of the following:
(1) That reasonable grounds have been asserted to believe that an immediate and present danger of stalking, as defined in Section 646.9, exists.
(2) That an emergency protective order is necessary to prevent the occurrence or reoccurrence of the stalking activity.
(e) An emergency protective order may include either of the following specific orders as appropriate:
(1) A harassment protective order as described in Section 527.6 of the Code of Civil Procedure.
(2) A workplace violence protective order as described in Section 527.8 of the Code of Civil Procedure.
(f) An emergency protective order shall he issued without prejudice to any person.
(g) An emergency protective order expires at the earlier of the following times:
(1) The close of judicial business on the fifth court day following the day of its issuance.
(2) The seventh calendar day following the day of its issuance.
(h) A peace officer who requests an emergency protective order shall do all of the following:
(1) Serve the order on the restrained person, if the restrained person can reasonably be located.
(2) Give a copy of the order to the protected person, or, if the protected person is a minor child, to a parent or guardian of the protected child if the parent or guardian can reasonably be located, or to a person having temporary custody of the child.
(3) File a copy of the order with the court as soon as practicable after issuance.
(i) A peace officer shall use every reasonable means to enforce an emergency protective order.
(j) A peace officer who acts in good faith to enforce an emergency protective order is not civilly or criminally liable.
(k) A peace officer who requests an emergency protective order under this section shall carry copies of the order while on duty.
(l) A peace officer described in subdivision (a) or (b) of Section 830.32 who requests an emergency protective order pursuant to this section shall also notify the sheriff or police chief
of the city in whose jurisdiction the peace officer's college or school is located after issuance of the order.
(m) "Judicial officer," as used in this section, means a judge, commissioner, or referee.
(n) A person subject to an emergency protective order under this section shall not own, possess, purchase, or receive a firearm while the order is in effect.
(o) Nothing in this section shall be construed to permit a court to issue an emergency protective order prohibiting speech or other activities that are constitutionally protected or protected by the laws of this state or by the United States or activities occurring during a
labor dispute, as defined by Section 527.3 of the Code of Civil Procedure, including, but not limited to, picketing and hand billing.
(p) The Judicial Council shall develop forms, instructions, and rules for the scheduling of hearings and other procedures established pursuant to this section.
(q) Any intentional disobedience of any emergency protective order granted under this section is punishable pursuant to Section 166. Nothing in this subdivision shall be construed to prevent punishment under Section 646.9, in lieu of punishment under this section, if a violation of Section 646.9 is also pled and proven.
' 1708.7 Civ.
(a) A person is liable for the tort of stalking when the plaintiff proves all of the following elements of the tort:
(1) The defendant engaged in a pattern of conduct the intent of which was to follow, alarm, or harass the plaintiff. In order to establish this element, the plaintiff shall be required to support his or her allegations with independent corroborating evidence.
(2) As a result of that pattern of conduct, the plaintiff reasonably feared for his or her safety, or the safety of an immediate family member. For purposes of this paragraph, "immediate family" means a spouse, parent, child, any person related by consanguinity or affinity within the second degree, or any person who regularly resides, or, within the six months preceding any portion of the pattern of conduct, regularly resided, in the plaintiffs household.
(3) One of the following:
(A) The defendant, as a part of the pattern of conduct specified in paragraph (1), made a credible threat with the intent to place the plaintiff in reasonable fear for his or her safety, or the safety of an immediate family member and, on at least one occasion, the plaintiff clearly and definitively demanded that the defendant cease and abate his or her pattern of conduct and the defendant persisted in his or her pattern of conduct.
(B) The defendant violated a restraining order, including, but not limited to, any order issued pursuant to Section 527.6 of the Code of Civil Procedure, prohibiting any act described in subdivision
(a)
(b) For the purposes of this section:
(1) "Pattern of conduct" means conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "pattern of conduct."
(2) "Credible threat" means a verbal or written threat, including that communicated by means of an electronic communication device, or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct, made with the intent and apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family.
(3) "Electronic communication device" includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers. "Electronic communication" has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the
United States Code.
(4) "Harass" means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, torments, or terrorizes the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the person.
(c) A person who commits the tort of stalking upon another is liable to that person for damages, including, but not limited to, general damages, special damages, and punitive damages pursuant to Section 3294
(d) In an action pursuant to this section, the court may grant equitable relief, including, but not limited to, an injunction.
(e) The rights and remedies provided in this section are cumulative and in addition to any other rights and remedies provided by law.
(f) This section shall not be construed to impair any constitutionally protected activity, including, but not limited to, speech, protest, and assembly.
