California Stalker Attorney

Were You Targeted by a Stalker in California?

If you’ve been the victim of stalking, you likely already know about orders of protection and criminal prosecution as the first line of defense against your stalker(s). What you may not be aware of is the fact that you can seek further justice by bringing a civil lawsuit against the alleged stalker, whether or not criminal charges have been filed and a verdict reached. Stalking victims sometimes file a lawsuit in civil court because they feel the criminal justice system has failed them. For example, if the stalking victim lost their job, moved to another state, and pursued counseling to feel safe, the victim will likely still feel unsatisfied even if their stalker is convicted in criminal court. This is when you should call our California stalker attorneys for legal advice.

At Manly, Stewart & Finaldi, we can help you pursue maximum compensation in civil court. We seek to hold stalkers accountable for their actions and secure the financial compensation you deserve. Our law firm has successfully advocated for victims of many forms of abuse, including stalking. We put our legal knowledge to good use, letting victims’ voices be heard in court.

What Must I Have for a Stalker Case?

If you believe someone is stalking you, either in person or online, consult with a stalker lawyer in California right away to discuss bringing a claim. One of our online sex crime attorneys can review your case and help you determine if you have grounds for a lawsuit. If so, we can list some of the key information you will need to file a claim against a stalker in California. We can also help you obtain this information, if necessary.

  • Identity of the stalker. You must have at least the name, and preferably the contact information, for the person allegedly stalking you. In cyberstalking cases, an investigation may be necessary to trace the IP address of the perpetrator.
  • Proof of stalking. It is not enough to have your word against the alleged stalker’s. You need proof of stalking, such as copies of communications from the stalker, testimony from family members or eyewitnesses, surveillance footage, or tokens from the stalker.
  • Proof of damages. You will only have grounds to bring a civil claim against a stalker if you suffered real, compensable damages in the incident. You will need proof of damages such as medical bills, therapy costs, lost wages or testimony as to your emotional distress.

Do not worry if you do not have all the information necessary for a strong stalking claim right away. When you hire a California stalker lawyer from Manly, Stewart & Finaldi, we can help you build a case with a thorough investigation, evidence gathering and the hiring of expert witnesses on your behalf.

Do I Have a Valid Stalking Claim?

If someone has repeatedly contacted or harassed you to the point of causing mental or emotional stress, you may have a stalking claim against the criminal. Bringing a civil stalking claim could lead to financial recovery for your noneconomic and out-of-pocket losses. The attorneys at Manly, Stewart & Finaldi can review your situation for free and let you know if we believe you have a valid stalking claim. Then, we may be able to help you file your civil lawsuit during or after a criminal case against the stalker. Learn more about cases involving online sexual harassment in California.

How Stalking Is Handled in Criminal vs. Civil Court

Criminal and civil stalking cases encompass the same act, but they are handled differently in criminal court versus civil court. While the criminal justice system seeks to punish a convicted offender, usually through prison time and fines, civil court does not determine guilt or innocence; it only determines if the offender is liable for a crime. Also, the standard for criminal liability is lower than it is in criminal court. In civil court, offenders must be found liable by a “preponderance” of the evidence, while criminal offenders are found guilty “beyond a reasonable doubt.” For this reason, even if your stalker was acquitted, you can still seek damages in civil court and should pursue your legal options.

When filing a civil suit, your CA stalker attorney will work to establish a cause of action, or legal basis, for suing the stalker. The cause of action may be intentional infliction of emotional distress, invasion of privacy, trespass, or assault. Civil lawsuits offer an underutilized yet powerful option for victims of stalking to seek justice. It will give you a voice and your day in court so you can tell your story and collect damages from the perpetrator(s) as well as any third parties who may have contributed to the crime.

Am I Protected Under the CA Stalking Statute?

California’s stalking statute, Penal Code 646.9, states that it is a crime to willfully, maliciously and repeatedly follow or harass another person and to make credible threats against that person. The crime of stalking comes with punishments of up to one year in county jail and/or a fine of up to $1,000. As a target of stalking in California, you have the right to go up against the stalker in pursuit of civil damages. While city prosecutors will bring criminal stalking charges against the perpetrator, it will be up to you or your lawyer to file a civil claim.

As a victim of stalking, you have the power to pursue monetary damages from the stalker through a civil lawsuit in California. Civil remedies can provide you with financial compensation for losses such as emotional distress, mental anguish, trauma, lost wages, legal fees and punitive damages. California’s civil laws state that if an alleged stalker harassed, alarmed or followed you while making a credible threat or violating a protective order, and this put you in reasonable fear for your life or safety (or that of your loved ones), you will have grounds to bring a claim against the offender.

If your stalking situation is occurring online, you could still have the option of filing a civil claim for damages. Cyberstalking can cause considerable emotional distress and put you in reasonable fear for your safety. Although online stalking and internet sex crime cases may require different types of evidence and involve different laws, you could still recover compensation from the harasser if your attorney can prove fault for your damages. California’s stalking statute applies to any type of harassment, including stalking through electronic means.

Our California Stalker Lawyers Can Help You With Your Case!

Contact Manly, Stewart & Finaldi immediately if you were victimized by a stalker. One of our experienced, compassionate attorneys will listen to your story, educate you on the laws that protect you, and help you explore your legal options. You don’t have to suffer in silence when it comes to surviving stalking.

We will fight diligently for the compensation you deserve. Contact us today at (800) 700-8450 for a free consultation.