Lawyers Manual - Unified Court System

200 Hilary Sunghee Seo
Advocate for Your Client with the Police
Advise your client to report each incident of stalking to the police and to
keep copies of all the reports; remind the police to cross reference and let them
know of other reports in other locations. If you feel that the police are not taking
your client’s concerns seriously and are reluctant to arrest the stalker, you may
wish to, with the prior consent of your client, advocate with them directly, either
by accompanying your client to the precinct or discussing her case with them
over the telephone.
Discuss Ongoing Safety Planning
Advise your client to: change her home telephone number and locks; travel
with others whenever possible; tell others where she is going and when she
expects to return; keep a list of important phone numbers and the location of
nearest police stations handy; vary work routes and schedules; keep money, a
suitcase of clothes, backup keys and copies of important papers in a safe place;
and keep her home address and phone number confidential.
Assist Your Client in Filing a Family Offense Petition
If your client is the victim of intimate partner stalking such that a family
court will have subject matter jurisdiction of her case, you should discuss with
your client the pros and cons of obtaining a family court order of protection. In
family court, your client would be in control of her own case and would not
have to rely on the criminal justice system to prosecute the case on her behalf.
In most cases, on the same day she files a family offense petition, the family
court judge will hear her case and grant her a temporary order of protection.
Based on the facts of the case, the judge may grant her a “stay away” order of
protection prohibiting the stalker from her home, her work place and from coming
within a specified distance from her. Depending on the stalker’s personality and
characteristics, such an order of protection, even while temporary, may afford
your client with a strong degree of protection. On the other hand, initiating a case
in family court would mean that your client has to have her stalker served and see
him repeatedly in court. This may provoke the stalker and have the perverse effect
of further compromising her safety. If your client decides to file a family offense
petition in family court, you should accompany her to court and assist her in
preparing the family offense petition whenever possible and try to find qualified
legal counsel who can help her.