Los Angeles Stalking Defense Lawyer
Being accused of stalking in Los Angeles is serious. Even allegations alone can lead to criminal charges, restraining orders, and long-term consequences.
Whether you are facing a stalking accusation or need guidance on potential restraining orders connected to stalking, having an experienced Los Angeles criminal attorney can make the difference between a successful defense and severe penalties.
What Is Stalking in California?
In California, stalking is defined as a willful course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or suffer substantial emotional distress.
Stalking can take many forms, including:
- Repeated unwanted phone calls, texts, or emails
- Following or showing up at someone’s home, workplace, or school
- Using social media or technology to monitor or harass someone
- Threats of physical harm
Unlike one-time disputes or conflicts, stalking involves a pattern of behavior over time. Courts view these cases very seriously, and convictions can carry jail time, fines, and long-term criminal records.
Types of Stalking in California
Understanding the type of stalking involved is crucial for defense strategy:
Criminal Stalking
Occurs when a person engages in repeated behavior intended to cause fear of physical harm. This can be charged as a misdemeanor or felony, depending on severity and prior offenses.
Cyberstalking
Stalking conducted through online platforms, social media, or electronic communications. Courts increasingly treat cyberstalking as seriously as in-person stalking.
Stalking With Restraining Orders
Often, stalking allegations result in civil or criminal restraining orders, which may include restrictions on contact, distance, or online activity. Violating these orders can create additional criminal liability.
The Stalking Legal Process in Los Angeles
Stalking cases follow a specific legal process, and understanding it is key to protecting your rights:
- Investigation and Arrest: Law enforcement may investigate stalking allegations and make an arrest if probable cause exists.
- Initial Court Appearance: The accused will appear in court and may face bail or release conditions.
- Pre-Trial Proceedings: Both sides may exchange evidence, file motions, and negotiate.
- Trial or Plea: The case may go to trial, or a plea deal may be negotiated. Courts consider evidence such as messages, social media posts, witness testimony, and surveillance.
- Sentencing (if convicted): Penalties vary depending on the severity of stalking, prior convictions, and whether the stalking involved threats or physical harm.
Even a single technical violation of a restraining order or contact restriction can escalate a case, which is why early legal representation is crucial.
Penalties for Stalking in California
Stalking penalties vary by case, but can include:
- Misdemeanor Stalking: Up to 1 year in county jail and fines
- Felony Stalking: 16 months to 5 years in state prison
- Protective Orders or Restraining Orders restricting contact
- Probation, counseling, or community service
- Permanent criminal record affecting employment, housing, and professional licenses
Cyberstalking or stalking involving threats of violence may result in more severe charges, including felony enhancements.
Why You Need a Stalking Lawyer in Los Angeles
Stalking cases are complex, often involving conflicting accounts, digital evidence, and immediate legal consequences. From an attorney’s perspective, success hinges on timely action, careful evidence review, and strategic defense planning.
A skilled stalking defense lawyer can:
- Review and challenge the evidence against you
- Ensure your rights are protected during arrest and questioning
- Negotiate with prosecutors to reduce or dismiss charges
- Represent you in hearings for restraining orders or criminal cases
- Advise on minimizing long-term consequences to your record and reputation
Even if allegations seem minor, failing to act promptly can escalate penalties and limit defense options.
Speak With a Los Angeles Stalking Defense Attorney Today
Stalking allegations can have life-altering consequences. Acting early is critical. A knowledgeable Los Angeles stalking lawyer can help you understand your rights, protect your record, and defend you in court.
Do not face stalking charges or restraining orders alone. Contact a qualified Los Angeles attorney today for a confidential consultation and clear guidance on your legal options.
Work with expert lawyers
Unlike many law offices that assign client cases to young associates, attorney Ardalon Fakhimi will personally handle all significant aspects of your case from start to finish, including all settlement discussions, negotiations, and the trial. He will personally answer all of your questions and navigate you through every stage of your case. We never use inexperienced associates who are just learning the practice of DUI law and criminal law. Similarly, we are NOT a high volume law office. Rather, we emphasize a very personalized attorney-client relationship where our clients are in continuous contact with their DUI and criminal lawyer; not their lawyer’s assistant. Finally, we are a detail-oriented law office that meticulously strategizes every case. That means no stone remains unturned during the course of our representation and through the final disposition of your case.
We serve clients from Sherman Oaks, Van Nuys, Torrance, for Domestic Violence, Petty Thefts, DUI Under-21 Cases.
Frequently Asked Questions (FAQs)
Do I need an attorney for a restraining order in Los Angeles?
You are not legally required to have a lawyer, but restraining order cases can have serious and lasting consequences. A judge may issue or extend an order based on limited evidence, and mistakes can affect your record, custody rights, housing, or employment. An experienced restraining order attorney can protect your rights, present evidence properly, and prevent overly broad or unfair orders.
What should I do if I am served with a restraining order?
Do not contact the protected person in any way, even if they reach out first. Carefully review the order, follow all restrictions exactly, and note the court hearing date. Violating the order—even unintentionally—can lead to arrest. Speaking with a restraining order lawyer as soon as possible can help you prepare a strong defense for the hearing.
What happens if I violate a restraining order in California?
Violating a restraining order is a criminal offense in California. Law enforcement can arrest you immediately, and you may face misdemeanor or felony charges, jail time, fines, and a permanent criminal record. If you are accused of a violation, contacting a lawyer immediately is critical to protecting your rights.
F&Qs:
1. What is considered stalking under California law?
Stalking in California is defined as a repeated course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or suffer substantial emotional distress. It can include unwanted contact, following, cyberstalking, or threats of harm.
2. Do I need a lawyer if I’m accused of stalking?
Yes. Even a first-time or minor allegation can result in serious criminal charges, restraining orders, or long-term consequences. A skilled Los Angeles stalking lawyer can protect your rights, challenge evidence, and help minimize penalties.
3. What happens if I violate a restraining order related to stalking?
Violating a restraining order, even accidentally, is a criminal offense in California. Consequences may include arrest, fines, jail time, and a permanent criminal record. Immediate legal guidance is critical if you are accused of a violation.