Lawyers Manual - Unified Court System
Lawyers Manual - Unified Court System Lawyers Manual - Unified Court System
198 Hilary Sunghee Seo communicate to those around them the level of danger and risk they face. Immigrant victims who are not proficient in English may have an especially difficult time communicating the significance of the stalker’s contextualized actions and the fear they engender. Compounding the difficulty is the fact that stalking is difficult to investigate and, in the context of domestic abuse, often eclipsed by more obvious forms of violence, such as physical or sexual assault. In addition, because of the relative paucity of stalking arrests and convictions, police, prosecutors and even judges may lack sufficient training and expertise to recognize stalking behavior. When you encounter a client whom you believe may be a victim of stalking, you should ask questions, help gather more information, assess the risk, devise a safety plan, and develop a supportive network of trusted friends and family that can help protect her. Here are some points to keep in mind: 25 Assess the Stalker’s Characteristics Stalking victims may not realize that they are being stalked, especially if the stalker is an intimate partner. Perform a simple stalking offender characteristics assessment. Ask whether your client would describe the stalker as jealous or extremely possessive, obsessive or manipulative; as someone who has fallen instantly in love with her or someone who needs to have control over other people; as someone who is unable to take “no” for an answer or someone who quickly and frequently swings from rage to “love;” or as someone who has difficulty distinguishing between fantasy and reality and has a sense of entitlement about the client. Let the Client’s Perception of Fear Guide You Why do the stalker’s actions cause her fear? Remember, context is everything, and she will know best the significance of the stalker’s words and actions. If possible, also talk to her friends and family members who are familiar with the situation. Their levels of fear and concern should also be taken into account. If she is an immigrant and you are not familiar with the cultural norms and practices of her community, try to mobilize the assistance of someone who may be able to help you in deciphering the cultural clues and red flags. A phrase or gesture that does not translate well into English may be widely understood in that culture as a death threat, for example.
Taking Stalking Seriously 199 Assist Your Client in Identifying Other Types of Past Stalking Behavior to Help Establish a Course of Conduct Ask whether the stalker has engaged in any of the following behaviors in the past: gathering information about her from her family, friends, the post office, internet, employer, school or other sources; persistently approaching her and asking for dates, meetings or other contact; leaving her notes or unwanted gifts; sitting or standing outside her home or work place; driving by her home or work place, or waiting next to her car in the parking lot; taking photographs of her without her permission; sending threatening mail, email or notes; calling her incessantly to “check up on her;” threatening her family or friends; breaking into or entering her home; or physically or sexually assaulting her. Ask your client whether she has done any of the following in the past in response to the stalker’s behavior: moved to a new residence; changed jobs or requested a transfer; obtained a new phone number; asked a friend to escort her to her car or her home; put extra locks on her home; altered her work schedule or travel routines; sought refuge in a shelter; or bought a personal protection device such as mace or pepper spray. Map out the client’s life (home, job, school, friends’ homes, etc.) to predict where the stalker will strike next. This will help both with safety planning and monitoring the stalker. Develop a Log Ask your client to use a calendar and, whenever possible, a camera to document the “when, where and how” of the stalker’s modus operandi. Of course, any such action should only be taken after carefully considering the risks to her safety. Help Gather Evidence Collect recorded phone messages, email messages, letters, notes, cards, gifts, domestic incidence reports or police reports, orders of protection, and relevant photos, videos and recordings that will help document the stalker’s pursuit of your client. Mobilize Support for Your Client Encourage your client to contact and confide in trusted friends, family members, neighbors and co-workers who can help her monitor the stalker, gather evidence, assess the evolving risk situation, alter her daily routines and keep safe.
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Taking Stalking Seriously 199<br />
Assist Your Client in Identifying Other Types of Past Stalking<br />
Behavior to Help Establish a Course of Conduct<br />
Ask whether the stalker has engaged in any of the following behaviors in<br />
the past: gathering information about her from her family, friends, the post<br />
office, internet, employer, school or other sources; persistently approaching her<br />
and asking for dates, meetings or other contact; leaving her notes or unwanted<br />
gifts; sitting or standing outside her home or work place; driving by her home or<br />
work place, or waiting next to her car in the parking lot; taking photographs of<br />
her without her permission; sending threatening mail, email or notes; calling her<br />
incessantly to “check up on her;” threatening her family or friends; breaking<br />
into or entering her home; or physically or sexually assaulting her.<br />
Ask your client whether she has done any of the following in the past in<br />
response to the stalker’s behavior: moved to a new residence; changed jobs or<br />
requested a transfer; obtained a new phone number; asked a friend to escort her<br />
to her car or her home; put extra locks on her home; altered her work schedule<br />
or travel routines; sought refuge in a shelter; or bought a personal protection<br />
device such as mace or pepper spray.<br />
Map out the client’s life (home, job, school, friends’ homes, etc.) to predict<br />
where the stalker will strike next. This will help both with safety planning and<br />
monitoring the stalker.<br />
Develop a Log<br />
Ask your client to use a calendar and, whenever possible, a camera to document<br />
the “when, where and how” of the stalker’s modus operandi. Of course, any such<br />
action should only be taken after carefully considering the risks to her safety.<br />
Help Gather Evidence<br />
Collect recorded phone messages, email messages, letters, notes, cards, gifts,<br />
domestic incidence reports or police reports, orders of protection, and relevant<br />
photos, videos and recordings that will help document the stalker’s pursuit of<br />
your client.<br />
Mobilize Support for Your Client<br />
Encourage your client to contact and confide in trusted friends, family<br />
members, neighbors and co-workers who can help her monitor the stalker, gather<br />
evidence, assess the evolving risk situation, alter her daily routines and keep safe.
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