Harassment & Stalking.
Using New York Family Court to get relief from harassment and stalking.
What makes harassment and stalking against the law?
Stalking and harassment are both effective control tactics of domestic abusers. The terms harassment and stalking are often thrown around casually in conversation and allegations, but the truth is, they are both very specifically defined under the law. To determine whether you can set forth a family offense of harassment or stalking, it is necessary that your allegations meet the standards set by New York State Penal Law.
If you want to file a family offense petition but are fearful of revealing your whereabouts to your stalker or harasser, New York Family Court allows for you to keep your address a secret through the filing of an Address Confidentiality Affidavit. Generally speaking, those who request confidentiality must allege that disclosure of their address poses an unreasonable risk to their or their children’s health or safety and must designate a specific person or the Clerk of Court to serve as their agent for service of process.
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Harassment in the first degree occurs when another person intentionally and repeatedly harasses another by following them in public or repeatedly committing acts which place another in reasonable fear for their physical safety.
Harassment in the first degree is a Class B misdemeanor and, if your harasser is convicted, they can be ordered to serve up to three months in jail and be fined up to $500.
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Harassment in the second degree occurs when a person, with intent to harass, annoy, or alarm another: 1) strikes, shoves, kicks or otherwise subjects another to physical conduct or threatens to do the same; 2) follows another in public; or 3) engages in a course of conduct which alarms or seriously annoys another for no legitimate purpose.
Harassment in the first or second degree can occur digitally, and when that happens, it’s often referred to as online harassment. While there’s no civil cause of action for online harassment, it is a criminal offense. If you are a victim of online harassment, call the police and/or an attorney, who may be able to help you find relief in family court.
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An individual commits the offense of stalking in the first degree when they commit the offense of stalking in the second or third degree and, in the course and in furtherance thereof they:
intentionally or recklessly injure their victim; or
commit a class A misdemeanor, or class E or D felony.
Stalking in the first degree is a class D felony, punishable by up to seven years in prison.
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A person commits stalking in the second degree when they:
commit the crime of stalking in the second degree and, in furtherance of the commission of such offense:
they display or possess and threaten the use of a:
gun
sword
metal knuckles
certain knives
or other dangerous weapons
they display what appears to be a gun; or
commit the crime of stalking in the third degree and have, within the past five years, been convicted of a predicate crime and the victim of the predicate crime is a victim or immediate family members of the victim of the present offense; or
commit the crime of stalking in the fourth degree and has previously been convicted of stalking in the third degree; or
when over 21, repeatedly follows or engages in a course of conduct that causes reasonable fear of physical injury, serious physical injury, or death to someone under the age of 14; or
commit the crime of stalking in the third degree against ten or more people on ten or more occasions for which that person has not yet been convicted.
Stalking in the second degree is a class E felony.
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An individual commits stalking in the third degree when they:
commit stalking in the fourth degree against three or more people in three or more transactions for which they have not been convicted; or
commit stalking in the fourth degree and have been convicted of specific predicate crimes within the past ten years and the victim of the predicate crime is the same victim or their immediate family member;
with intent to harass, annoy, or alarm a person, intentionally engages in a course of conduct likely to cause that person to reasonably fear:
physical injury, or
the commission of a sex offense, or
the kidnapping, unlawful imprisonment, or death of the victim or victim’s immediate family; or
commits the crime of stalking in the fourth degree and has been convicted of stalking in the fourth degree in the past decade.
Stalking in the third degree is a class A misdemeanor.
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Stalking occurs when a person engages in a course of conduct for no legitimate purpose that the person knows or should know would 1) be likely to cause another to materially fear for their, their family member, or an acquaintance’s health, safety, or property; 2) cause material harm to the mental health of another by telephoning or contacting them, their family, or an acquaintance, if that person has been clearly informed not to do so; or 3) is likely to cause a person to reasonably fear their employment, business, or career is threatened because a person is telephoning or contacting another’s place of business and the person has been clearly informed not to do so. When this conduct occurs via digital means, such as in text messages or e-mails sent to you, members of your family, your friends, or your employer, it is often referred to as cyberstalking.
Stalking in the fourth degree is a Class B misdemeanor and, if your stalker is convicted, they can be ordered to serve up to three months in jail and be fined up to $500.It’s important to remember that, to be considered stalking, the person must be acting with no legitimate purpose. If the person is attempting to contact you for debt collecting purposes or due to missed rent payments, it is likely insufficient to establish stalking.