Part 5 // Understanding Stalking
“The most dangerous time is after a warrant has been issued and before the arrest is made. Stay vigilant,” the officer warned me.
Learning that a warrant was issued for the stalker’s arrest for the criminal charge of stalking was not the hard-won victorious feeling one might think it was. No. It was the most scared I think I’ve ever felt in my life!
Leading up to this moment, what started as a mundane day unraveled quickly. It felt like one minute I was working from home and the next, the attorney that issued the no contact letter was advising me to go to the police. I had two private investigators at my house, loading me into my car with the binder and making sure I buckled up. They had to go back to the office to get their findings on paper, replicate the video and photographic evidence, and would meet me at the police department.
I couldn’t think in this moment but knew the substation near my house was not where I was headed. It seemed the stalker had too many friends there trying to convince me his actions were just a coincidence in a small town.
When I Googled the police department, an address came up, so I mapped to it. I steeled myself and quickly went in. The parking lot made me feel exposed, a target in the open. Unfortunately, I ended up at the main administrative office and no officers were there to take a report. I was redirected to the nearest station.
Back in my car, I had to keep my emotions in check. I needed to present myself as a reasonable person, regardless of how I had disintegrated on the inside. I drove to the address provided, steeled myself and rushed in. It was here I was met by an officer that took a report. While looking through my binder, I hand wrote a statement. The private investigators that had been at my house arrived, a copy of their report and the videos and photographs in hand.
The private investigators left before I did — their job done. When it came time for me to leave, that ominous warning from the officer lingered in my ears. Since I lived alone, I called someone I trusted to meet me at my house.
Leaving the police station, I learned the stalker’s vehicle was parked watching my house. I called 9–1–1 and stayed on the phone as I made my way home. When I circled my own house, I didn’t see his vehicle and was told to call back if I did.
Maybe I shouldn’t have, but I stayed at the house determined not to be intimidated. I couldn’t sleep. I couldn’t eat. All I could do was obsessively check all the doors and windows to make sure they were locked and watched the cameras.
The stalker had already been watching the house, so I knew he was out there.
Watching.
Waiting.
Suffice it to say, it was a spiral into the inky abyss of hell. But at least I was standing my ground.
The officer at the station had graciously educated me on the process to file for a Civil Protective Order at the courthouse. I thought I’d need to hire an attorney for that, but it was something I could do on my own. I asked for a copy of the police report, but administratively it just wasn’t possible. Instead, I asked for a copy of my hand-written statement that I’d been asked to write on arrival — and I’m so glad I did!
The next morning, I was driving to the bank to get cash to file the application at the courthouse for the Civil Protective Order. And there he was — in my rearview mirror. Another 9–1–1 call ensued, but by the time I was connected to the city police department we had crossed out of city limits.
I drove to the police department near my house, the slip of paper with the police report number in hand and walked away with yet another “it was probably a coincidence” and no report filed.
Filing for a Civil Protective Order
Finally at the courthouse, the clerk was kind and helped walk me through the forms I needed to fill out. Once complete, she asked me to wait. I thought she was reviewing the forms and entering them into a computer or something, but she returned about twenty minutes later with a Temporary Restraining Order (TRO) signed by a judge.
I was shocked at how quickly this process was.
In certain circumstances, a TRO will be issued until a hearing can be held to determine whether a Civil Protective Order (PO) is needed. These hearings require the person subject to the PO is notified, has time to file a response and has adequate notice of the hearing. But courts also understand that an individual is filing for a PO for a reason and a judge has discretion over issuing a TRO as protection until the hearing for a PO can be held. Each jurisdiction handles this differently, so make sure you understand the process if you are filing for one.
Another five intense, heart-pounding days later, the stalker turned himself in with his attorney present. I was informed his attorney was pushing for bond and a quick release, but at least I had a short reprieve.
The Judicial Outcome
It took two painful years (including another two arrests) to get to the first trial. The stalker elected to have a bench trial, where the judge was the only deciding voice, instead of a jury trial. After a full day of testimony that I was not allowed to listen to (I was sequestered, alone, in a witness room), he was convicted.
At the time, the jail was giving a 2-for-1 credit. So, the jail time he was to serve was literally cut in half. The judge also credited him with “time served” when he was arrested, which was not even a 24-hour period. Because of the 2-for-1 credit, two more days were taken off his sentence. Not only that, but the judge suspended his sentence for all but one month.
And here’s how it all applied:
30 days in jail
Subtract 15 days for the 2-for-1 credit
Subtract another 2 days for time served when he was arrested on the warrant and made bond, with the 2-for-1 credit applied
The result: 13 days in jail and two years of probation that included an ankle-monitor.
He had asked the judge for a couple of days to “get his personal affairs in order” and it was granted. He failed to turn up at the jail for his scheduled incarceration and I went into hiding. Apparently, he misunderstood what day he was to report to jail. “A plausible oversight,” I was told, so no additional jail time was ordered.
After his thirteen-day stay in jail, he changed his not guilty plea in the second case to guilty but negotiated a concurrent sentence. This meant that he was getting credit for time served in the first case; time served between his arrest on the second charge and when he bonded out of jail; and, the 2-for-1 credit. Similar to the first case, the judge suspended all but one month of his sentence, and here’s how it applied:
30 days in jail
Subtract 15 days for the jail’s 2-for-1 credit
Subtract another 15 days served for the first conviction (13 days in jail + 2 credits for the time between the arrest and bonding out)
Subtract yet another 2 days served for the second charge between the arrest and bonding out (as in the first case, it was actually less than 24 hours but he was given 2 days’ credit anyway)
The result: no additional jail time. In the eyes of justice, he had 32 days’ credit as compared to the 30 days on his sentence that did not get suspended.
He was free to roam about the community, but he was also a convicted stalker now.
Less than twenty-four hours after the judge made the second conviction official, my victim notification alert went off when I was at home. It had a 100-yard perimeter set up and if I carried what looked like a car key fob, I would be alerted if he was within that perimeter.
He was near. I was certain I was in danger. Another call to 9–1–1, only this time it was me in the back of a police car and not him.
Even with an ankle monitor on, the police couldn’t locate him. But apparently they were able to determine it was a “misunderstanding” and no crime had been committed.
The probation officer called and confirmed he had violated the terms of his probation. A probation violation was issued — one for the first conviction and one for the case he’d changed his plea to guilty. I went into hiding, succumbing to debilitating fear, anxiety and panic attacks.
It took six days for the police to locate him, even though he was wearing an ankle monitor. This time, bond was denied, and he had to wait for a hearing. Apparently, the probation violations were more offensive to the judicial system than the crimes he was convicted of. Seventy-one days in jail later, he was released into the community.
Fifteen months after the first conviction, the prosecutor accepted a plea bargain for the third case without my consent. After all, it was the State vs. Stalker. I had absolutely no input into allowing him to plead to a lesser charge, a reduced sentence and the ability to expunge this third charge from his record at some point in the future. Worse … the reduced sentence for this charge gave him credit for time served in the previous two cases.
The result: no additional jail time.
As of now, the convicted stalker had served a total of eight-four days in jail, with the bulk of it atoning for the two probation violations. Apparently, those are more offensive to the court than the actual crime is. (Okay, now I’m being sarcastic)
I lived life as the target of a stalker for 1,896 days. He served 84 days in jail.
Thousands of dollars spent; hours numbering in the triple digits lost from work; and, one used car later, I quit my job, sold my house, and reinvented myself under a new identity. Even after leaving my home state, he tried to find me. He was arrested, but the charges dismissed on a technicality.
He attempted to locate me again eight months ago (at the time of this writing), but no arrest was made. I’d have to give my new name, my new address to file a police report and there’s no guarantee it wouldn’t be dismissed on another technicality.
He is out there.
Watching.
Waiting.
Putting it All Together
Through this series of articles, I hope you gained a greater understanding of stalking. I chose to use my personal experience to illustrate how the law did — and didn’t — apply. Many people believe that if a victim is being stalked, the law would step in. Unfortunately, that isn’t always the case no matter how obvious you personally believe it is.
Stalking is a difficult crime to report, much less prosecute and win a conviction.
I hope you have enjoyed this article series. Before you go, don’t forget to leave a comment or a clap. Follow me to see more articles as they are published.
