Questions - I'm researching

[starrkers]

Whether I ever actually get the piece finished will be another matter

Please will someone (anyone!) answer any of the following, or point me towards a website with this type of info:

What does a stalker have to do to get locked up?
How long will he/she be locked up for?
Will the stalkee be informed of the stalker's release?
How obviously loopy does a stalker have to be to be locked up in a psychiatric institution?
Do US jails have psychiatric units attached?

And, while I'm at it: How long is a piece of string?

 

[MagicaPractica]

If you're looking at the states, I believe these laws are by state.

 

[cantdog]

If you're looking at the states, I believe these laws are by state.

And questions of civil law. People sue to have the bench issue injunctions against stalkers, for instance. Such a ruling would engage the weight of the court in a battle which was previously only social, and between people. Violating such an injunction would mean contempt for the court and the law could act for that reason alone. Generally, there would also be some basis for charges, as well, but in many states there isn't a stalking law at all. There's trespass, or criminal threatening, or whatever it happens to be in detail. And civil (not criminal) things like harassment. Some states do have stalking laws, though. Much depends on where you are, and what era you are in that place.

The perception of stalking, taken seriously, is fairly recent, really. My daughters' friends saw The Graduate, the Dustin Hoffman film, and they were appalled. To them, the man was a creepy stalker, which was absolutely not the perception of the writers of the screenplay. Attitudes have changed about that kind of thing right before my eyes. Thus the law has been slow to recognize stalking, and any real legislative action was ordinarily taken in reaction to a particular celebrated case in the state.

edited to add: In short, you need specific advice for any given place or time.

 

[mismused]

delete

 

[Weird Harold]

Bearing in mind Cantdog's points about jurisdicional differences and the differences between civil and criminal offenses...

What does a stalker have to do to get locked up?
How long will he/she be locked up for?

The stalker has to flagrantly violate court order and/or rise above mere stalking to a "real" crime like intimidation or assault. How long he ges locked up for depends on exactly what crime is finally committed.

"Contempt of Court" for violating a restraining order would be on the order of six months to a year or even simple probation the first violation.

Assault and/or Battery on an officer of the court for verbally abusing or punching out the process server who delivered the restraining order could result in as much as ten to twenty years depending on the severity of the assault and/or Battery but could garner as little as one year(suspended) and probation.

It really is strongly dependent on the jurisdiction and even the specific DA and Judge handling the case -- California has, I believe the most stringent anti-stalking legislation and enforcement.

Will the stalkee be informed of the stalker's release?

Usually, no. At least not as a matter of law. A concerned case-worker or the like might tip them off, but often at the risk of censure for violating the prisoner's privacy.

How obviously loopy does a stalker have to be to be locked up in a psychiatric institution?

Very. It used to be fairly simple to get someone committed to a nut house, but now it takes a fairly obviously dangerous (to the public, not to any single individual) condition to warrant "confinement pending psychiatric evaluation" and usually some criminal charge as well.

Do US jails have psychiatric units attached?

Major Prisons have staff psychiatrists, but a condition warranting separation from the general prison population usually means transfer to a separate "secure hospital" facility.

 

[Lisa Denton]

Whether I ever actually get the piece finished will be another matter

Please will someone (anyone!) answer any of the following, or point me towards a website with this type of info:

What does a stalker have to do to get locked up?
How long will he/she be locked up for?
Will the stalkee be informed of the stalker's release?
How obviously loopy does a stalker have to be to be locked up in a psychiatric institution?
Do US jails have psychiatric units attached?

And, while I'm at it: How long is a piece of string?

Some states have stalker laws that are jokes, hard to prove the victim is being stalked and then if tried and convicted the judge thinks "boys will be boys" or maybe "the poor guy is heartbroke with puppy love."

Sometimes its best to take matters into your own hands, and do an offensive defense.
When you see the stalker following you, walk down a dark deserted alleyway. Smile and walk up to him, shove the barrel of your pistol in his mouth and tell him you hope he doesn't leave you alone, so that you can blow his fuckin head off, then walk away.

 

[neonlyte]

what kind of string do you have in mind?

 

[cantdog]

Bearing in mind Cantdog's points about jurisdicional differences and the differences between civil and criminal offenses...



The stalker has to flagrantly violate court order and/or rise above mere stalking to a "real" crime like intimidation or assault. How long he ges locked up for depends on exactly what crime is finally committed.

"Contempt of Court" for violating a restraining order would be on the order of six months to a year or even simple probation the first violation.

Assault and/or Battery on an officer of the court for verbally abusing or punching out the process server who delivered the restraining order could result in as much as ten to twenty years depending on the severity of the assault and/or Battery but could garner as little as one year(suspended) and probation.

It really is strongly dependent on the jurisdiction and even the specific DA and Judge handling the case -- California has, I believe the most stringent anti-stalking legislation and enforcement.



Usually, no. At least not as a matter of law. A concerned case-worker or the like might tip them off, but often at the risk of censure for violating the prisoner's privacy.



Very. It used to be fairly simple to get someone committed to a nut house, but now it takes a fairly obviously dangerous (to the public, not to any single individual) condition to warrant "confinement pending psychiatric evaluation" and usually some criminal charge as well.



Major Prisons have staff psychiatrists, but a condition warranting separation from the general prison population usually means transfer to a separate "secure hospital" facility.

Thanks, Weird. I think, myself, that it is a step in the right direction that it is more difficult, these days, to get someone committed to a nut house. I knew a girl whose highly religious father had her involuntarily committed, years ago, when they used some very questionable drugs and also EST and other unpleasant things, justifying those with B.F. Skinner's ideas, as 'negative reinforcement.'

She was placed in hell on earth at fifteen, and none to help her.

The standard, now nearly universal, is that a person needs to be demonstrably a danger to self or others. Interpretation of that will vary widely. Justice is not, repeat not, really to be expected.

 

[Javagirl]

Stalking laws apply to each state

I worked for a domestic violence coalition this summer and stalking and domestic violence laws are specific for each state. If you are looking for laws specifically in the U.S., I highly recommend visiting the National Coalition Against Domestic Violence website and also I would suggest doing a search for stalker laws according to the state. There are also many criminal justice type sites that would be helpful to you regarding stalking laws. Unfortunately, not all states are as strict with their stalking laws. That's why so many women continue to be injured, raped and murdered due to domestic violence related situations (and most often times, it's because of stalkers or those batterers/abusers who break restraining orders).

Good luck with your project.

 

[Weird Harold]

I knew a girl whose highly religious father had her involuntarily committed, years ago, ...
She was placed in hell on earth at fifteen, and none to help her.

Unfortunately, the guardian of a minor child is still one of the few instances where it is still fairly easy to get someone committed. The psychiatry is generally better and a little less "shocking" but here's no real guarantee of that either.

What's mostly changed is that the doctors generally won't keep a patient commited that isn't a danger to self or others and can report abusive parents/guardians who insist on further "treatment."

 

[starrkers]

Thanks everyone. This has actually been very helpful - sounds like things are pretty similar to here - much talk about anti-stalking laws, but less action and even less useful action.
Especially thanks to Javagirl - I shall indeed check out that site.
Once my plotline gels a little more, I shall probably have more specific questions, but for now it looks like the direction I'm heading is totally feasible.

 

[keeblercrumb]

Whether I ever actually get the piece finished will be another matter

Please will someone (anyone!) answer any of the following, or point me towards a website with this type of info:

What does a stalker have to do to get locked up?
How long will he/she be locked up for?
Will the stalkee be informed of the stalker's release?
How obviously loopy does a stalker have to be to be locked up in a psychiatric institution?
Do US jails have psychiatric units attached?

And, while I'm at it: How long is a piece of string?

It is a good thing we have people here who know all this stuff.... All I know about stalking I learned from the Police song "I'll be watching you"....

And never mind how long a piece of string is (may not exceed 8 3/4 inches or 22.2 cm)(anything longer is a "length of string")... a much more profound question is: How long is a piece of ass??

-KC

 

[JAMESBJOHNSON]

STARRKERS

I cant think of anyone in this state who went to jail for stalking. I know a teenage girl who was arrested for following a teacher, but nothing came of it.

I know stalkers who use ingenious tricks to force the state to help them find women. What they do is link themselves to the victim using a false police report to do it. Then they get a copy of the police report with the victim's address/phone info on it. Like...give the cops a tag number and swear the woman hit your car and fled.

Making false reports (for stalking purposes) is a felony but I know of one man who was prosecuted for it. He got a small fine.

 

[starrkers]

STARRKERS

I cant think of anyone in this state who went to jail for stalking. I know a teenage girl who was arrested for following a teacher, but nothing came of it.

I know stalkers who use ingenious tricks to force the state to help them find women. What they do is link themselves to the victim using a false police report to do it. Then they get a copy of the police report with the victim's address/phone info on it. Like...give the cops a tag number and swear the woman hit your car and fled.

Making false reports (for stalking purposes) is a felony but I know of one man who was prosecuted for it. He got a small fine.

Hmm, interesting. *adds to file of useful information*