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Harassment & Stalking

The Minneapolis defense attorneys at Newmark Storms Law Office defend clients against harassment and stalking charges as well as assisting victims obtain restraining orders.

Eric Newmark and Jill Brisbois defend clients against harassment and stalking charges.

Harassment

The Minnesota statue defines harassment as a single or repeated acts of physical or sexual assault or unwanted acts, words, or gestures that have (or are intended to have) a substantial adverse effect on the safety, security, or privacy of another, regardless of the relationship between the party and the intended target.

Restraining Orders
In addition to defending clients against harassment charges, the lawyers at Newmark Storms Law Office also assist victims of harassment by obtaining restraining orders. A victim of harassment may seek a restraining order from the court. Violations against restraining orders range from misdemeanors to felony offenses and carry up to $10,000 in fines and five years in prison.

To speak with a lawyer to discuss a harassment charge or obtaining a restraining order, please request a call back here.

Stalking

According to the Minnesota statute, “stalking” is defined as conduct that the party knows would cause the victim to “feel frightened, threatened, oppressed, persecuted, or intimidated and causes this reaction on the part of the victim” regardless of the relationship between the party and the victim.

There are many variations of stalking charges, varying from gross misdemeanors to felonies.

Some of the acts construed by the Minnesota statute as gross misdemeanor stalking offense include any person who stalks another by committing any of the following acts:

  1. directly or indirectly, or through third parties, manifests a purpose or intent to injure the person, property, or rights of another by the commission of an unlawful act.
  2. follows, monitors, or pursues another, whether in person or through any available technological or other means.
  3. returns to the property of another without consent of one with authority.
  4. repeatedly makes telephone calls, sends texts, or induces a victim to make telephone calls to the party, whether or not conversation ensures.
  5. makes or causes the telephone of another repeatedly or continuously to ring.
  6. repeatedly mails or delivers or causes the delivery by any means (such as electronically or letters, telegrams, messages, packages, etc.) through assistive devices for people with vision or hearing impairments.
  7. knowingly makes false allegations against a peace officer concerning the officer’s performance of official duties with intent to influence or tamper with the officer’s performance.

There are many offenses that are deemed felony offenses by the Minnesota stalking statute. A few of them are listed below:

Aggravated Violations

  • parties who commit the above acts due to a victim’s (perceived or actual) race, color, religion, sex, sexual orientation, etc.
  • parties who commit the above acts in addition to falsely impersonating another
  • parties who commit the above acts while possessing a dangerous weapon at the time of the offense
  • parties who stalks with the intent to influence or tamper with a juror, judicial proceeding, prosecutor, defense attorney, officer of the court, etc.
  • parties who stalks a juvenile victim or a victim who is more than 36 months younger than the party, and the act is committed with sexual or aggressive intent

Second or Subsequent Violations
A person is guilty of a felony if he or she commits a gross misdemeanor stalking offense within 10 years of a previous domestic violence-related offense.

Stalking Patterns
A party who stalks a single victim or members of a single household and causes the victim to feel terrorized or in fear of bodily harm is considered to be engaging in a pattern of stalking if two or more acts occur within a five year period in Minnesota or another state with regards to murder, terroristic threats, assault, interference with an emergency call, criminal defamation, criminal sexual conduct, burglary, harassment, and more.

In addition to the above, the type of venue, location(s), etc. play a part in stalking charges. Minnesota stalking offenses can be quite complex which is why it’s important to consult with a defense attorney to effectively fight a stalking charge. To contact a lawyer at Newmark Storms, please click here.