Abusive Stalking Using the Courts

Abusive Stalking Using the Courts LIVESTRONG.COM(What you are about to read, was adapted in part from Stalking Through The Courts. Please visit there for more information.) ...www.livestrong.com/health-article/abusive-stalking-using-the-courts_48573562-5460-dfe6-62cb-0992ecb7b8ea/ - 41k - Cached - Similar pages

http://www.mincava.umn.edu/documents/linda/linda.html
Minnesota Center Against Violence and Abuse High Conflict Divorce or Stalking by Way of Family Court? The Empowerment of a Wealthy Abuser in Family Court Litigation: Linda v. Lyle - A Case Study
T. J. Sutherland, R.N., B.S.N., P.H.N., J.D
Published: 2004


Abusive Stalking Using the Courts
Wednesday, August 01, 2007
By Sanctuary for the Abused

We learned in depth how many Stalkers think and act on the previous page. This page will go into how some abusers use a different approach to harass their victims. A way that allows them to legally have contact and harass their ex-partner, even with a Restraining Order in force.

Mis-using the judicial system seems to be one of some abusers favorite ways to stalk their ex-partners. If they can’t get you back, they will try to ruin your happiness, by dragging you to Court on countless frivolous filings. Putting the victim in a situation where they are being victimized – again, by their abuser and sometimes by the system also.

This can be on going for years, if gone about it in the “right” way. There are actually web sites devoted to teaching them exactly how and what to do. These sites teach them how to legally stalk, harass, and intimidate victims of Domestic Violence after a Restraining Order has been issued. These sites actually have step by step guides for them to use to learn how to keep the on going harassment, manipulation, intimidation and show how to legally stalk the partner, who has left them. Which in turn keeps the ex-partner their victim causing them immense grief, a financial burden and it wears them out emotionally to the point of total frustration.

It also gives these stalkers/abusers a feeling they still have some control and in a sense, they do. Some of the more advanced, of these abusers, will even represent themselves in Court, rather than hire a Lawyer. This Pro Se Defense gives them the opportunity to question their former partner on the stand and legally badger and intimidate them, all the while the judge and others are right there watching and letting it happen. This in itself must boost the abusers self-esteem, thinking they are even controlling the judge and playing the legal system.

Most all of these “Pro Se” abusers have studied the laws, inside and out. They will put a lot of time and effort into these actions. Many will file in different jurisdictions, to avoid becoming too well known to the judges and to keep their victim running around. They will mask their reasoning and make it look as if they are the victims and their rights have been violated.

There are many large and well-known groups, who use and teach these tactics. Most of which will have a cover that seems real and legitimate. Many of them use children’s rights as their cover. They put a lot of money and energy into minimizing domestic violence and it’s effects on the children who lived in a home where abuse occurred. They will give very little support to issues that will actually help children.These groups true agenda is abolishing abuse prevention legislation and child support laws. They try regaining some control and punishing their partner for leaving them, and they try to do this by controlling the children, by gaining full custody, with visitation or by not paying child support.

Most States have trained their police to recognize abuse and enforce Restraining Orders, funded child protective services, made abuse prevention statues, opened women’s shelters and educated personnel of the dangers of domestic violence. What has not been corrected by legislature is letting abusers use the judicial system as a weapon against their former victims, especially after a Restraining Order has been issued.

These groups have caused the numbers of Pro Se litigation’s to multiply rapidly. Many of their web sites offer how to books, legal forms and packets of motions to file in court. Many of these motions can be refiled over and over just by changing a word or two, the date or going to another jurisdiction. They encourage them to lengthen proceedings with extensive, irrelevant discovery aimed at stalling out the processes.

With a no contact RO, these abusers can not see their victim, send them a letter, call them or come within 100 feet of them, in most States. But, for about a $19.00 fee, this same person can file numerous claims and have hearings in small claims court. If they go into State and Federal Administrative Agencies and accuse their victim of obscure violations, their victim will be subpoenaed. This gives the abuser several legal contacts with their victim, where they can legally harass and badger them with no fear of violating the Restraining Order. If this same abuser/stalker does Pro Se defense, they may even get away with other stalking of their victim, like watching or following them, photographing them, going through their trash, ect. All with the cover of “investigating” their case.These victims have left their abusers for a reason. They are in fear of them, yet the abuser has found a way to put them in a position, they can not walk away from. They must sit through court proceedings and on going harassment, where they are made to endure their abusers subtle looks and movements, which they know so well and fear.

They will try to make them lose their composure and they will attack their credibility, making this person victimized for the second time but even worst, the abuser puts them on trial in the eyes of the community and the courtroom. They have used a lot of will, to get away from their abusers and usually don’t have the emotional strength to go for hours or even days being questioned on the stand, by their abusers.

The use of courts is most widely know in custody cases, all to many times not with the child’s best interest at heart, but to try to exploit weakness in their ex-partner, to regain control or at the least to manipulate and hurt them as a punishment for leaving. They may try to prove them an unfit parent, digging up or fabricating any type of evidence they can.A spouse who abuses their partner and parent of their children are twice as likely to try to gain full custody of the children, whether they truly want custody or not. They will often try to mis-use the legal system, through retaliatory legal actions to continue their abuse and harassment. These actions make the victims have to prove themselves to the court, keeping them in the victim role.

While their rights are violated, for the second time around, the abusers/stalkers rights are protected. Is that justice? At the least, victims of domestic violence should have the same Constitutional protections as their abusers, even while they are being stalked and harassed by them with the judicial system.

If our founding fathers that wrote our Constitution and the Bill of Rights (for all people) were inside these courtrooms, I believe they would be horrified at the way our basic human rights are being violated. The laws of our Country are being twisted and used in ways many can not even comprehend.Victims of terrible crimes are being belittled and torn apart by defense attorneys and Pro Se cross-examinations, on the witness stands on a daily basis. Litigation of a abuser/stalker is different because they know the victim, knows their family, their past, what sets them off, what will hurt them most and especially what frightens them, this brings the adversarial system to new low. These litigations twist our Constitution till it is almost unrecognizable and at the expense of our entire society, protects the rights of the abuser/stalker.At this time the sad truth is there is nothing that these victims can do, but fight it out in court. It is slowly being recognized as a major problem and there are programs working on ways to end this, in the future.From the Biden-Hatch Violence Against Women Act of 2000, Title I Section 106, National Stalker and Domestic Violence Reduction Grants Reauthorization, Authorized at $3 million/year through 2005 (fiscal year 1998 appropriation was $2.75 million). This section extends grant programs that help state and local governments improve databases dealing with stalking and domestic violence.Title I Section 107, Clarify Enforcement to End Interstate Battery/Stalking. This section clarifies federal jurisdiction to reach persons crossing state lines(including foreign travel), and expands federal jurisdiction to include battery used to facilitate the interstate movement of victims. This section also makes the nature of harm uniform for domestic violence, stalking, and interstate travel offenses, and clarifies the "Interstate Violation of Protection Order" section.Hopefully soon, with the government putting this kind of money into programs involving domestic violence and stalking, we will see an end to this madness in the near future.

Right now, in the these cases where victims have the finances and the emotional strength, they can fight back by filing a civil suit for malicious abuse of the legal system/process, defamation of character and/or intentional infliction of emotional distress.

Other than that, keeping the faith and hope for future changes, is all that we have. It is said that Lady Justice is blind, but she should not be mocked.ORIGINAL RESOURCEAbusive Stalking Using the Courts syndicated by BlogBurst

Governor Corzine signs NJ anti-stalking legislation Saturday March 21, 2009

Session 2008-2009
Bill A1563:
1/8/2008 Introduced And Referred To Assembly Law and Public Safety Committee
2/25/2008 Reported 2nd Reading
3/13/2008 Passed Assembly (78-0-0)
3/17/2008 Received In Senate Referred To Senate Judiciary Committee
6/5/2008 Reported 2nd Reading
11/24/2008 Senate Floor Amendments Passed (34-1) (Buono)
12/15/2008 Substituted For S1106 (1R)
12/15/2008 Passed Senate (37-0)
1/13/2009 Received In Assembly 2nd Reading On Concurrence
2/5/2009 Passed Both Houses (78-0-0)
3/21/2009 Approved P.L.2009, c.28.



“This is a good day for women throughout the state who have been victims of stalking,” said Senator Jennifer Beck, a member of the State Senate Judiciary Committee. “As technology advances, so do the tools stalkers use to keep track of their victims. The new law is keeping in step with technology such as GPS and hidden cameras. I am proud to have sponsored it, alongside my colleague Senator Buono.”
The signing of this bill is the culmination of three years of work by the 12th District Legislators. The legislation was prompted by a situation in Marlboro when a woman who was a victim of stalking addressed her concerns to her State representatives.

“The victims of stalking often suffer long after their stalker has been apprehended, living in a state of fear, anxiety and emotional distress as a result of their being targeted,” said Senator Buono, D-Middlesex. “This new law provides for enhanced protections for those victims, while updating the provisions of the law that apply to stalking in the digital age to better reflect the realities of the crime. While we can’t give the victims back the lost sense of security stolen from them, we can make sure that they are protected from further victimization, and that stalkers face penalties that match the severity of the crime.”

The new law, S-1106, amends the State’s statutes governing stalking to read that a person is guilty of stalking if he or she purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of a third person. Previously, the law provided a person was guilty of stalking only if his or her course of conduct caused a reasonable person to fear bodily injury to, or the death of, themselves or one of their immediate family members.
The bill also provides that a person is guilty of stalking if he or she engages in a course of conduct which would cause a reasonable victim to experience emotional distress or significant mental suffering. And finally, the bill amends the definition of “course of conduct” to include any action, method or device used to monitor, harass or threaten an individual. Senator Buono noted that this amendment is needed to address technological advances in stalking, including the increased use of the Internet in victimizing and harassing the targets of stalkers.
“Under the previous stalking laws, police could not step in to protect a stalking victim or their family members until they were in eminent danger of physical harm,” said Senator Buono. “With this new law, police will now have the authority to get involved before harassment and pervasive surveillance turn to physical violence, assault or worse. Also, as the technology advances, we must evolve with the times, and this law brings our State’s stalking statutes into the 21st Century.”

US Department of Justice; Office on Violence Against Women; Stalking Victimization in the United States Special Report

http://www.ovw.usdoj.gov/aboutstalking.htm


Stalking Victimization in the United States Special Report
Bureau of Justice Statistics Releases Findings in Largest Study of Stalking Conducted to Date
The Department of Justice, Bureau of Justice Statistics recently released a supplemental report to the National Crime Victimization Survey focused on Stalking Victimization in the United States. This Supplemental Victimization Survey (SVS) to the National Crime Victimization Survey (NCVS) is the most comprehensive study of stalking to date and confirms that stalking is pervasive, women are at higher risk of being stalked, and there is a dangerous intersection between stalking and more violent crimes.
The SVS was specifically developed, with funding from OVW, to provide national-level data on the crime of stalking. As a result of this study, OVW is even more committed to addressing the crime of stalking by providing safety to victims and holding perpetrators accountable.
The SVS identified seven types of harassing or unwanted behaviors consistent with stalking, and individuals were classified as stalking victims if they responded that they experienced two or more of these behaviors on two or more separate occasions. In addition, the individuals must have reported fear for their safety or that of a family member as a result of the course of conduct, or they must have experienced additional threatening behaviors that would cause a reasonable person to feel fear.

USLaw Blog Directory; Personal Injury Law: Injury Board

Stalking Victims Suffer In Silence
February 16, 2009

LEARN MORE
Karen’s Law Blog
DOJ Report on Stalking
IMAGE SOURCE: Archive, People Magazine cover of Rebecca Schaeffer, May 1989

Stalking More Common Than Reported
Many victims of stalking suffer in silence. According to the first nationwide look at stalking by the Justice Department study, about one in three stalking cases are even reported to authorities. Even with underreporting there were 3.4 million people subjected to stalking, according to researchers.
Whether a celebrity, a spurned lover, or a stranger, stalking happens frequently enough that it is a crime in every state.
Researchers in the DOJ study measured stalking as, making unwanted phone calls, sending unsolicited or unwanted letters of e-mails, following or spying on a victim, showing up at a place where they had no reason to be, leaving unwanted present, waiting at places for a victim and spreading information or rumors on the internet, or in public places.
Researchers find that women are more frequently the focus of stalkers and sometimes it can last for five years of more as it did in 374,000 cases. With all of the frequency, the New York Times reports that a small number of cases ever makes it to court because the cases are difficult to put together.
First there has to be physical evidence. And frequently the victim of the stalker does not even report the incident to authorities believing it is a personal matter or will not be taken seriously. But Mary Lou Leary, of the National Center for Victims of Crime, tells the New York Times that stalking is like domestic violence was perceived more than two decades ago. “Law enforcement is often suspicious or cynical, but is now beginning to deal with stalking as a crime.”
After actress Rebecca Schaeffer was killed by a stalker in 1989, law enforcement began taking the offense seriously. While the first offense is often a misdemeanor, punishments can include a year in jail and ordered counseling.
In 34 states, stalking is a felony especially when accompanied by a threat of violence or possessing a weapon. The Times reports of a case where a man broke into the house of his victim and took a photo of her sleeping. Convicted of stalking he is now spending 13 years in prison.
Karen’s Law, proposed by the victim of credit card fraud, electronic tampering of her computer and bank accounts along with phone threats, is awaiting signature by the Governor of New Jersey.
Steve Lombardi, IB partner from Iowa, reports on cell phone stalking as the newest turn in incidents. #
Originally posted at InjuryBoard by Chrissie Cole
Full post as published by InjuryBoard on February 16, 2009 (boomark / email )

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Though Many Are Stalked, Few Report It ; The New York Times February 15, 2009

By ELIZABETH OLSON
Published: February 14, 2009
Three-quarters of victims know their stalker, whether it is a current or former friend, roommate or neighbor, this study and others have found. “Often stalkers want to make their victims fearful,” said Eugene A. Rugala, a former F.B.I. profiler who advises on workplace threats. “They are thinking, ‘How dare you do this to me? I’m going to make you pay.’ But others feel it could be a way of getting back into the relationship.”
Experts say only a small number of stalking incidents reach the courts because cases are often difficult to compile. There is often no clear physical evidence linking a stalker to the victim.
In the Justice Department study, the most common reasons for respondents’ not telling the police they were being stalked was that they felt it was a personal matter or they did not think the police would think it was important.
“Stalking is treated like domestic violence was 20 or 25 years ago,” said Mary Lou Leary, executive director of the National Center for Victims of Crime and a former federal prosecutor. “Law enforcement is often suspicious or cynical, but is now beginning to deal with stalking as a crime.”
Many victims initially refuse to believe, or accept, that a former partner is singling them out for retaliation. It is a shock for others when a stranger begins to constantly annoy or follow them.
“Many people told us they were uneasy, felt creeped out or scared,” said Katrina Baum, a Bureau of Justice Statistics researcher and an author of the study. “There’s a reluctance to label the behavior because it’s too frightening. At some point the behavior can escalate to where it can’t be ignored.”
One reason victims have difficulty pulling together a case is that stalking is often confused with harassment, a less serious behavior. Dr. Park Dietz, a Southern California forensic psychiatrist, said the behavior crosses the line when it includes lying in wait, following or breaking in.
Dr. Dietz, who helps corporations address stalking and other threats, said that treating stalking as a misdemeanor “is useless because it angers offenders and makes them more dangerous,” adding, “It’s like poking a wild animal with a stick.”
Strengthened victim protection in states like Kansas now allows the police to investigate reports of reasonable fear for one’s safety rather than the stricter requirement of “a credible threat.”
The state has Jodi’s law, named after Jodi Sanderholm, a 19-year-old college student who was kidnapped, raped and strangled in January 2007. The suspect, Justin E. Thurber, was found guilty on Thursday on charges of capital murder and aggravated kidnapping.
The Somerset County district attorney, Jerry L. Spangler, said incarceration in cases like Mr. Miller’s was not enough; stalkers also “require individualized treatment,” he said. Mr. Miller’s lawyer did not return calls for comment.
“They almost never admit something is wrong with them,” said Barry Rosenfeld, a psychology professor and director of clinical training at Fordham University who has evaluated dozens of stalkers.
“Stalkers often feel bad, lonely and vulnerable,” Dr. Rosenfeld said. “Then they’ll call, even though there is a protection order saying they can’t do it. They won’t get an answer, and they’ll call again.”
Dr. Rosenfeld is testing a more intensive program to help offenders learn to better control their need “to do something to feel better in the moment.”
After a decade of suffering electronic tampering of her credit card bills, computer and bank accounts — as well as phone threats and vandalism — Karen Welch of New Jersey, a chief financial officer for a nonprofit group, pushed to overhaul the state stalking law.
“I don’t want a Karen’s law that gives more protection after it’s too late,” Ms. Welch said. “I want the law broadened so it protects victims against emotional distress or significant mental suffering, not just when a person fears for her safety.”
The bill passed and is awaiting the governor’s signature, according to its sponsor, State Senator Barbara Buono, a Democrat.

The Birth of a Law Feb 5, 2009 NJ Antistalking Legislation

Where there is no struggle, there is no strength. Oprah Winfrey



Session 2008-2009
Bill A1563:
1/8/2008 Introduced And Referred To Assembly Law and Public Safety Committee
2/25/2008 Reported 2nd Reading
3/13/2008 Passed Assembly (78-0-0)
3/17/2008 Received In Senate Referred To Senate Judiciary Committee
6/5/2008 Reported 2nd Reading
11/24/2008 Senate Floor Amendments Passed (34-1) (Buono)
12/15/2008 Substituted For S1106 (1R)
12/15/2008 Passed Senate (37-0)
1/13/2009 Received In Assembly 2nd Reading On Concurrence
2/5/2009 Passed Both Houses (78-0-0)


http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=A1563

Counting down the days! Thank you Speaker Roberts for posting A1563 !

THURSDAY, FEBRUARY 5, 2009
*ASSEMBLY SESSION Assembly Chambers
Voting Session:
A1563 [Greenstein, Linda R./Munoz, Eric+35], Stalking