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A GIRL IVE SEEING HAS SAID I STAKED HERE BY DRIVING BY THE

Customer Question
A GIRL I'VE SEEING HAS...
A GIRL I'VE SEEING HAS SAID I STAKED HERE BY DRIVING BY THE
BALL PARK SHE WAS AT THREE TIMES. CAN SHE DO THIS IF I
WAS ON A PUBLIC STREET DRIVING NOT STOPED
Submitted: 8 years ago.Category: Criminal Law
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Answered in 7 minutes by:
7/1/2009
Criminal Lawyer: Deirdre, Criminal Defense Lawyer replied 8 years ago
Deirdre
Deirdre, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 42
Experience: 16 years experience as a highly successful criminal defense lawyer, many acquittals & dismissals.
Verified

Bella Blue,

 

Tell me what state you are in and I can give an answer based on the law of your state.

 

Also, have you and this girl had any problems in the past? Was there a restraining order or some other case pending when she reported this?

 

Deirdre

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Customer reply replied 8 years ago

STATE IS KANSAS NO RESTAINT ORDER ORDER ANYTHING IN FACT INVITED

ME TO HER HOME NIGHT BEFORE I GOT PAPERS

Customer reply replied 8 years ago

STATE IS KANSAS NO RESTAINT ORDER ORDER ANYTHING IN FACT INVITED

ME TO HER HOME NIGHT BEFORE I GOT PAPERS

.
Criminal Lawyer: Deirdre, Criminal Defense Lawyer replied 8 years ago

Weird. I wonder what is motivating her to do this? In any event, the law (pasted below) requires a "course of conduct" that 1) would put a "reasonable person" in fear of their safety or 2) you have reason to know would cause her to become afraid or 3) violates a restraining order.

 

Assuming no threats were made while driving down a public street three times, it is not the type of "conduct" as prohibited by the statute.

 

So there's either something more to the story or she has a very active imagination.

 

If she has reported this to the police or if the police try to speak to you about this allegation, you should seek advice of counsel BEFORE talking to police. It is very easy to inadvertently say something that can hurt your case. Also, the police are notorious for hearing what they want to hear. So do yourself a big favor and get an attorney if there is a case pending.

 

If she has just said this to you, I think the best thing you can do is stay far away from her. She obviously is quick to assume the worst of you. There's really no reason to hang out with someone like this.

 

I hope this helps. If so, please click Accept so that I may get credit for my time.

 

Good luck.

 

Deirdre

 

 

21-3438. Stalking.

(a) Stalking is:

(1) Intentionally or recklessly engaging in a course of conduct targeted at a specific person which would cause a reasonable person in the circumstances of the targeted person to fear for such person's safety, or the safety of a member of such person's immediate family and the targeted person is actually placed in such fear;

(2) intentionally engaging in a course of conduct targeted at a specific person which the individual knows will place the targeted person in fear for such person's safety or the safety of a member of such person's immediate family; or

(3) after being served with, or otherwise provided notice of, any protective order included in K.S.A. 21-3843, and amendments thereto, that prohibits contact with a targeted person, intentionally or recklessly engaging in at least one act listed in subsection (f)(1) that violates the provisions of the order and would cause a reasonable person to fear for such person's safety, or the safety of a member of such person's immediate family and the targeted person is actually placed in such fear.

 

Course of conduct

 

(1) "Course of conduct" means two or more acts over a period of time, however short, which evidence a continuity of purpose. A course of conduct shall not include constitutionally protected activity nor conduct that was necessary to accomplish a legitimate purpose independent of making contact with the targeted person. A course of conduct shall include, but not be limited to, any of the following acts or a combination thereof:

(A) Threatening the safety of the targeted person or a member of such person's immediate family.

(B) Following, approaching or confronting the targeted person or a member of such person's immediate family.

(C) Appearing in close proximity to, or entering the targeted person's residence, place of employment, school or other place where such person can be found, or the residence, place of employment or school of a member of such person's immediate family.

(D) Causing damage to the targeted person's residence or property or that of a member of such person's immediate family.

(E) Placing an object on the targeted person's property or the property of a member of such person's immediate family, either directly or through a third person.

(F) Causing injury to the targeted person's pet or a pet belonging to a member of such person's immediate family.

(G) Any act of communication.

(2) "Communication" means to impart a message by any method of transmission, including, but not limited to: XXXXX XXXXX delivering, sending or having delivered, any information or material by written or printed note or letter, package, mail, courier service or electronic transmission, including electronic transmissions generated or communicated via a computer.

(3) "Computer" means a programmable, electronic device capable of accepting and processing data.

(4) "Conviction" includes being convicted of a violation of this section or being convicted of a law of another state which prohibits the acts that this section prohibits.

(5) "Immediate family" means father, mother, stepparent, child, stepchild, sibling, spouse or grandparent of the targeted person; any person residing in the household of the targeted person; or any person involved in an intimate relationship with the targeted person.

Deirdre
Deirdre, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 42
Experience: 16 years experience as a highly successful criminal defense lawyer, many acquittals & dismissals.
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Category: Criminal Law
Satisfied Customers: 42
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