Why it may be important to have an attorney in a stalking case
A previous post on this blog discussed what Illinois courts will consider “stalking” when they are being asked to issue what Illinois law calls a Stalking No Contract Order. The good news for Lake County residents is that such an order is powerful legal medicine. While a judge cannot force a person to stay away from his or her victim, they can give law enforcement the tools they need to stop such behavior by making an arrest and filing serious criminal charges against a stalker.
The problem though, is that stalking is not always the easiest thing to prove in court. The reason is that not every type of behavior, even if it makes someone uncomfortable or even if it is a little frightening, is going to be considered “stalking” since people have rights to be in public and interact in society.
As such, a common defense to stalking is that the person had the right to be where he or she was and was engaged in a legitimate activity. It is not always the best idea for a victim to expect to go to court and just get a Stalking No Contact Order without a fight.
As part of its family law practice, our law office offers assistance to women and men who need help getting a Stalking No Contact Order. Ideally, before even filing a request for an order, we investigate a case thoroughly and help our clients give the judge all the facts he or she needs to understand why a perpetrator’s behavior is indeed stalking and not simply scary, but legal activity.
Should a court hearing be necessary, we will serve as our client’s dedicated advocates and do so while being sensitive to our client’s feelings and emotions during what is no doubt a stressful time. Assuming an Order gets granted, we can also recommend to the judge temporary arrangements for child custody and visitation assuming such orders are needed.