The Do’s and Don’ts of Defending Yourself Against Stalking Allegations in Tennessee

JANUARY 24, 2017 BY BERNIE MCEVOY LAW OFFICE

Tennessee law considers stalking a criminal act of domestic violence. Unwanted phone calls, whether anonymous or not, made for purposes of harassing and/or threatening, often fall under the definition of stalking. The same principle applies to the following someone, emailing someone and gaining entry to someone’s property. Examples of stalking include:

• Tracking someone via a secret GPS device.
• Mailing unwanted presents.
• Sitting in a car outside of someone’s home or workplace.
• Photographing or recording someone.

However, there must be at least two acts, meaning if a person made only one phone call and stopped there, the act is not stalking. If you have been accused of stalking, here are some dos and don’ts.

Do: Cease Any Contact with the Accuser

Even if you are completely and totally innocent, you can make a lot of trouble for yourself if you get in touch with the accuser. No doubt you are dealing with a lot of emotions. Surprise, anger, and frustration may be among them, but try to find other outlets for dealing with them rather than contacting the person accusing you of stalking.

If the accuser has obtained a protection order against you, follow all of its provisions.

Don’t: Carry Weapons

You may be legally allowed to carry weapons such as guns, but it’s best to leave them home if possible when stalking allegations are in the picture. This precaution is because you could be charged with aggravated stalking if the accuser says you displayed a deadly weapon while stalking. Playing matters safe is best.

Other circumstances under which you could be charged with aggravated stalking are if you are under a restraining order from the accuser or have been convicted of stalking in the past seven years.

Do: Take Proactive Steps

Ways to be proactive include contacting an attorney and making a list of all of the times you’ve come across the accuser. For instance, perhaps you encountered him or her the previous week on your way to the gym.

Do: Get In Touch with an Attorney

The Law Office of Bernie McEvoy can help as you deal with stalking allegations. Get in touch today by calling (615) 255-9595. Under no circumstances should you speak to the police without attorney representation.