Divorce is already a tough journey, but it becomes even more challenging when stalking is involved. Whether it’s excessive phone calls, showing up unexpectedly, or monitoring your activities, stalking can make you feel unsafe and overwhelmed. If this is happening to you, it’s important to know that the law is on your side.
In this post, we’ll discuss what stalking is, how it can affect divorce proceedings, and what legal steps you can take to protect yourself.
If you’re new to this topic, you might also want to check out our guides on Recognizing the Signs of Stalking During Divorce and How to Protect Yourself From Stalking for more insights.
What Is Stalking in the Context of Divorce?
Stalking is more than someone just being annoying or overbearing. It’s a pattern of unwanted behavior that makes you feel harassed, threatened, or unsafe. In the context of divorce, stalking might include:
- Constantly calling, texting, or emailing you, even when you’ve asked them to stop.
- Showing up uninvited to your home, workplace, or other places you frequent.
- Following you in person or tracking your location digitally (e.g., through GPS devices or phone apps).
- Monitoring your social media accounts or trying to gain access to your personal information.
Stalking is a serious issue, and it’s important to address it as part of your divorce process. It not only affects your emotional well-being but can also influence custody decisions and legal proceedings.
How Stalking Can Affect Your Divorce
Stalking can play a significant role in how your divorce is handled, especially in cases involving:
- Custody Arrangements: If you’re co-parenting, stalking behavior can be used as evidence that your ex-spouse creates an unsafe or stressful environment for you or your children.
- Restraining Orders: A history of stalking can strengthen your case for obtaining a restraining or protective order.
- Property Division: If stalking includes threats or harassment related to shared property or finances, it can affect how these are divided in court.
If you’re dealing with stalking, consider reading our article on Setting Boundaries with an Ex-Spouse to learn how to protect yourself during this stressful time.
What Legal Steps Can You Take?
Here’s what you can do if stalking is happening during your divorce:
1. File a Police Report
If you feel unsafe or threatened, contact local law enforcement. Even if the stalking doesn’t feel “serious enough” to involve the police, documenting incidents can create a legal record that may help you later.
2. Seek a Restraining Order
A restraining order (sometimes called a protection order) is a legal document that prevents your ex-spouse from contacting or approaching you. Violating this order can lead to legal consequences for them.
3. Gather Evidence
Keep detailed records of stalking incidents. This could include:
- Screenshots of threatening messages or emails.
- Photos or videos of them showing up uninvited.
- Notes on dates, times, and locations of incidents.
4. Inform Your Lawyer
Your lawyer needs to know about the stalking so they can use this information in court. Stalking can influence decisions about custody, property, and overall divorce proceedings.
5. Use Technology Wisely
If you suspect digital stalking, update your passwords and check for tracking apps on your devices. Read our post on Digital Stalking: How to Protect Your Online Presence for more details.
6. Seek Emotional Support
Stalking can take a toll on your mental health. Don’t hesitate to reach out to a therapist or support group. You might find our Guide to Coping with Emotional Trauma helpful during this time.
How to Build a Strong Case Against Stalking
If you’re pursuing legal action, it’s important to show that the stalking is part of a consistent pattern. Here’s how to build a strong case:
- Keep a Journal: Document every incident with as much detail as possible.
- Save Messages: Don’t delete texts, emails, or voicemails that show harassment.
- Collect Witnesses: If friends, family, or neighbors have seen or heard stalking behavior, ask if they’re willing to provide statements.
Final Thoughts: You’re Not Alone
Dealing with stalking during a divorce is incredibly difficult, but you don’t have to go through it alone. The law is there to protect you, and taking action can help you feel safer and more empowered.
If you’re unsure about what to do next, start by reading our guide on Overcoming Fear After Stalking for practical steps to rebuild your confidence.
Remember, your safety and well-being come first. Don’t hesitate to take the necessary legal steps to protect yourself and your loved ones.
