Stalking

Some women find that when they try to end a relationship, their former partner will not leave them alone. Their former partner may try repeatedly to talk to or see them or make unwanted or harassing phone calls. Their ex-partner may show up places they are or follow them. Some women are threatened with harm, or even assaulted if they do not agree to reconcile or start dating someone else. This is most common if the person was abusive in the relationship. People can also experience this behavior from an acquaintance or stranger. Be aware that giving in to this, by agreeing to talk or meet, will probable not help in the long run, and may support the abuser's belief that these tactics will work. If this happens to you, there are laws that can help. You will want to know about Ohio's Menacing By Stalking Law, and other relevant laws.

Because stalking is about a pattern of incidents or actions, there may be several cities where it occurs. Any city where one of the incidents occurs would have the power to take action if they have the necessary evidence. It can use incidents that happened outside of their city limits to help establish the pattern. The city where the most recent incident occurred or the city where the worst incident occurred often files the charge of menacing by stalking.

STALKING PROTECTION ORDERS

When your stalker is charged criminally with Menacing by Stalking, you are able to sign a motion requesting a protection order, designed to help you and your children stay safer while the criminal charges are pending. It can order the stalker to not contact you in any way and to stay away from you, your home, workplace and children's school or day care. When the stalker fits the definition of "Family or Household Member," it will be called a Temporary Protection Order (T.P.O.). When the stalker in not a family or household member, it will be called an Anti-Stalking Order.

Once an order has been issued, it is important to enforce it completely and to notify the police and/or the court if it's violated. Violation of a T.P.O. or Anti-Stalking Order can result in contempt of court or a criminal charge under Ohio Law 2919.27 or 2903.214. The offender can be arrested and charged with a 4th degree misdemeanor (punishable by up to 30 days in jail and $250) if not previously convicted. It will be a 1st degree misdemeanor if convicted of a violation of a protection order, or stalking, menacing or aggravated trespass involving that person (punishable by up to 6 months in jail and $1000 fine) or, if 2 or more of the above listed previous convictions, a 4th degree felony.

PROTECTION AND DOCUMENTATION

If you have been the victim of Stalking, both protecting your safety and documenting the incident or actions are important.

Here are some possible steps you can take:

SAFETY OF HOME:

• Change locks if there is any chance stalker could have keys.
• Keep the area around your house or apartment well lit, especially around doors.
• Notify your neighbors and ask them to call you or the police if they see anything. Tell them the type(s) of vehicle your stalker drives.

ON THE TELEPHONE:

• Have an answering machine pick up all calls. Tell friends/family your screening calls. Ask someone to call you periodically to make sure you're safe.
• At work, have someone else answer the phone or screen your calls if possible.
• Consider changing your number and having it unlisted.
• Get a new line and hook up answering machine to old line. Give new number to friends and relatives. Changing your phone number could trigger an abusive situation.

WHEN YOU'RE OUT:

• Use a different schedule and route of travel each day. Know the location of the police departments where you will be.
• If followed, drive to a police department, fire station, busy shopping center and sound your horn, or to a bank or fast food drive-thru and ask them to call police.
• Have a car or cellular telephone with you.
• Notify co-workers, supervisors and/or security at work about the situation.
• Regularly alter your work schedule if possible.
• Have someone walk you to the car or bus stop or ride with someone else.

DOCUMENT THE STALKING

• Keep phone call recordings and save answering machine tapes.
• Save letters, notes, or anything else left for or sent to you.
• Collect statements from any witnesses, and find out how they can be reached if needed.
• Notify police of what is happening and have them file reports of each incident.
• Arrange for phone trap to be placed on your phone line through your phone company.
• Keep a log of every incident or phone call, the time, day and exact location, and record what was said and what happened.
• Dialing *57 will put a trace on the previous call.

2903.211 MENACING BY STALKING

1. No person by engaging in a pattern of conduct shall knowingly cause another to believe that the offender will cause mental distress to the other person.
2. Whoever violates this section is guilty of menacing by stalking, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of this section involving the same person who is the victim of the current offense, menacing by stalking is a felony of the fourth degree.
3. As used in this section:
4. Pattern of conduct" means two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those action or incidents
5. Mental distress" means any mental illness or condition that involves some temporary substantial incapacity or mental illness or condition that would normally require psychiatric treatment.

Contact WomenSafe's Court Advocate at 440-286-7154 x226 or courtadvocate@womensafe.org for more information.