Stalking is a course of conduct directed at a specific person that would cause a reasonable person to feel fear. Unlike other crimes that involve a single incident, stalking is a pattern of behavior. It is often made up of individual acts that could, by themselves, seem harmless or non-criminal but, when taken in the context of a stalking situation, could constitute criminal acts.
A victim has the right to defend themselves against a stalker, so if they are being stalked they should:
Know the law.
Notify the local law enforcement and prosecutor's offices.
Request that each incident be documented.
Request a copy of the report from your local law enforcement agency.
Give police any written correspondence and report any phone threats.
Know the name of the law enforcement officer in each incident.
Cooperate with prosecutors.
Get a Protective Order
Pro Se Protective Order Packet-This packet will help you obtain a protective order barring the stalker from certain areas near their home, their work, or near their child's school.
Review the Domestic Violence Protective Order Kit.
Collect evidence.
Collect and preserve evidence.
Take pictures
Make a copy of anything receive from the stalker.
Touching the evidence as little as possible will preserve fingerprints
Keep record and record telephone conversations
Protect yourself by telling everyone!
Victim's Safety Plan
Be alert
Vary routes
Park securely
Be aware
Alert Managers
Have a security check made
Maintain an unlisted number
Do not dismiss any threat
Maintain privacy
Develop safety plan
Resources
Definitions - TN Code § 39-17-315 (2021)
“Course of conduct” means a pattern of conduct composed of a series of two (2) or more separate, non-continuous acts evidencing a continuity of purpose, including, but not limited to, acts in which the defendant directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to a person, or interferes with a person's property;
“Emotional distress” means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling;
“Harassment” means conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable person to suffer emotional distress, and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose;
“Stalking” means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested;
“Unconsented contact” means any contact with another person that is initiated or continued without that person's consent, or in disregard of that person's expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following:
Following or appearing within the sight of that person;
Approaching or confronting that person in a public place or on private property;
Appearing at that person's workplace or residence;
Entering onto or remaining on property owned, leased, or occupied by that person;
Contacting that person by telephone;
Sending to that person mail or any electronic communications, including, but not limited to, electronic mail, text messages, or any other type of electronic message sent using the internet, websites, or a social media platform; or
Placing an object on, or delivering an object to, property owned, leased, or occupied by that person; and
“Victim” means an individual who is the target of a willful course of conduct involving repeated or continuing harassment.
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