Divorce can be a difficult and emotional time, and for some, it becomes even more complicated when stalking is involved. Stalking during divorce is a serious issue that can make you feel scared, anxious, or unsafe. It’s important to know that you don’t have to face it alone, and there are legal steps you can take to protect yourself.
In this post, we’ll explain what stalking is, your legal rights, and the remedies available to help you stay safe. We’ll keep things simple and practical so you can take the steps needed to reclaim your peace of mind.
What Is Stalking?
Stalking is when someone repeatedly follows, watches, or harasses you in a way that makes you feel scared or threatened. In the context of divorce, stalking often involves an ex-partner who is unwilling to let go. It can include:
- Constantly calling or texting you, even after you’ve asked them to stop.
- Showing up uninvited at your home, work, or other places you frequent.
- Monitoring your online activity or hacking into your accounts.
- Spreading rumors or false information about you.
- Using others to spy on you.
If you’re not sure whether you’re being stalked, read our guide on Recognizing the Signs of Stalking During Divorce for more information.
Your Legal Rights Against Stalking
If you’re being stalked, it’s important to know that the law is on your side. Most countries and states have laws to protect individuals from stalking. Here’s what you should know:
1. Stalking Is a Crime
In many places, stalking is considered a criminal offense. If someone is following, harassing, or threatening you, you have the right to report it to the police. Authorities can take action to protect you.
2. You Can Get a Restraining Order
A restraining order, also called a protective order, is a legal document that prohibits your stalker from contacting or coming near you. Violating a restraining order can result in serious consequences for the stalker.
3. Evidence Matters
If you’re experiencing stalking, keep a record of every incident. Write down dates, times, and what happened. Save any messages, emails, or screenshots that show the stalking behavior. This evidence can be crucial if you decide to take legal action.
4. The Courts Can Provide Protection
In some cases, courts can issue orders that protect you during divorce proceedings. For example, they might order your ex-spouse to stay away from your home, workplace, or children’s school.
To learn more about setting boundaries with an ex-partner, check out our post on How to Create Healthy Boundaries During Divorce.
Legal Remedies to Protect Yourself
Now that you know your rights, here are the steps you can take to protect yourself legally:
1. Contact Law Enforcement
If you feel unsafe, call the police immediately. Law enforcement can help document the stalking and may file charges against the stalker. This is often the first step in taking legal action.
2. Apply for a Restraining Order
Visit your local courthouse or contact a lawyer to file for a restraining order. Be prepared to share evidence of stalking. A restraining order can:
- Prevent the stalker from contacting you.
- Prohibit them from coming near your home, work, or other places.
- Offer peace of mind by creating legal consequences for the stalker if they violate the order.
3. Speak to a Family Lawyer
A family lawyer can guide you through the legal process and ensure your rights are protected. They can also help you navigate divorce proceedings if stalking is involved.
4. Request Supervised Visitation (If Children Are Involved)
If your ex-spouse is stalking you and you share children, you can request that visitation with the children be supervised. This ensures your safety and the safety of your children during custody exchanges.
5. File Criminal Charges
If the stalking is severe, consider filing criminal charges. Your lawyer or the police can help you understand whether this step is appropriate for your situation.
What to Do While You Seek Legal Help
Legal actions take time, so it’s important to stay safe while you work through the process. Here are a few tips:
- Secure Your Digital Life: Update passwords, use two-factor authentication, and limit what you share online. For more, read our post on Protecting Your Online Privacy After Divorce.
- Change Your Routine: Avoid predictable patterns like going to the same places at the same time.
- Tell Trusted People: Let friends, family, or coworkers know about your situation so they can help keep you safe.
- Use Safety Apps: Apps like Noonlight or bSafe can alert authorities or your contacts in an emergency.
Final Thoughts
Stalking during divorce can feel overwhelming, but you are not alone. Legal systems are in place to help protect you, and there are steps you can take to regain control of your life. Remember, safety comes first. If you’re feeling unsure or unsafe, reach out to law enforcement, a trusted friend, or a professional for help.
If you’d like more support, visit our Resources for Staying Safe During Divorce page. You deserve to feel secure and free as you move forward with your life.
