legal rights against harassment

Understanding Your Legal Rights Against Stalkers and Harassment

Meaghan Kleine Blog

Have you ever had the feeling of being watched? Perhaps it’s just your imagination…. or could it be your intuition? Without solid evidence, it’s hard to say. The U.S. legal system doesn’t work off intuition — the judge and jury are looking for cold-hard proof and facts that demonstrate that you are experiencing harassment from the defendant.

But providing proof isn’t always as easy as it seems. A jury will not consider running into an individual multiple times in public as stalking or harassment — even if you know this person is not from the area.

Today, we will review various types of court-orders for harassment and discuss ways to protect yourself from unwanted contact.

The Difference Between No-Contact, Restraining, and Protection Orders

Revisiting our previous blog post, “Getting An Order Of Protection,” there are three main orders that an Arkansas judge can grant: order of protection, restraining order, and a no-contact order. It’s important to know the difference because it will affect your court petition.

  • No-Contact Order
    • Upon release from jail, abusive perpetrators cannot contact their victims. If disobeyed, the individual may face additional jail time or other severe consequences.
  • Restraining Order
    • While this order is issued to prevent harassment, it doesn’t necessarily ensure the perpetrator will be arrested if they break the restraining order.
  • Order of Protection
    • If an individual has threatened your physical safety and you have solid proof, an order of protection may be granted. Defying this order can lead to arrest.

Regardless of whether you are looking for help filing a petition or need advice on the different protection orders, consult with an attorney about your options. Lawyers are extremely knowledgeable on court processes — meaning they can help you include all the proper information on your petition in hopes that the judge will grant the order.

Legal Rights Research

If you are looking for more information on the process, review “Obtaining An Order Of Protection.” This blog post breaks down what happens when an order is issued (or denied).

What To Do If You Are Being Stalked or Harassed

Recently, there was an advice forum where a single mother expressed concern about how much her ex-partner and co-parent knew regarding her daily routine. She found her ex making odd comments about their child’s schedule — information that she did not share, and their child was too young to express.

As the remarks became more frequent, the mother wondered how her ex was receiving this information. Lo and behold, law enforcement found cameras in her house. Officers were able to trace the cameras’ IP address and discovered they belonged to the ex-partner. In Arkansas, this is a criminal offense.

Cautious Woman

Here’s how you can protect yourself if you feel stalked or harassed: 

  • Purchase a hidden camera detector and examine your space for anomalies
    • If you cannot purchase this device, consider contacting your local police station to express concern about a hidden camera in your home. 
  • Examine your vehicle for trackers (including AirTags) 
    • Mechanics can sweep your car for trackers in hard to reach areas. 
  • Check your location settings on phone apps
    • If you have location settings on for any app, turn it off. Even if you have blocked the person harassing you, they may have friends or fake accounts following you for location information.
  • Obtain a home security system 
    • If someone is stalking you, they might take an opportunity to enter your house while you’re out of town. But with a home security system, you will have evidence and video footage against a perpetrator. 
  • Document everything
    • Follow your intuition on this — the more information you have documented, the better, especially because too little information won’t provide enough evidence for a protection order.  

The days of following someone a few cars behind are long gone. With modern technology evolving daily, victims of harassment and stalking need to safeguard themselves from offenders.

Looking For Legal Help? Contact Hickey & Hull

The professional team at Hickey & Hull have helped clients file petitions and argue their case for harassment in court. With our legal knowledge, Hickey & Hull associates are dedicated towards helping protect our clients from abuse, harassment, and stalking.

Ready to get started? Contact our live representative online or call (479) 434-2414 to set up an initial consultation. With five offices in Fort Smith, Fayetteville, Russellville, Little Rock, and Mena, Arkansas residents can rely on us to represent their legal case.