Civil penalties for stalking one's intimate partner in California

Stalking, as defined by California's domestic violence laws, is when an individual maliciously and willfully follows or harasses and threatens his or her intimate partner with the intent to place that partner in fear for his or her safety. If convicted of this crime, the defendant faces up to one year in the county jail and up to a $1,000 fine if convicted of a misdemeanor or up to one year in the state prison if convicted of a felony. Both a misdemeanor and a felony conviction carry additional penalties, but jail or prison is generally the defining characteristic of a criminal sentence.

Civil penalties may also face an individual accused of stalking his or her intimate partner. Both civil and criminal punishment may be sought against the offender and are not mutually exclusive, which means that an individual accused of stalking may face both civil penalties and criminal prosecution.

The major differences between a civil suit and criminal prosecution for D.V. related stalking are found in the title and role of the accuser, in the "burden of proof" and in the penalties. In a civil case, the victim (who becomes known as the plaintiff) sues the defendant for the "tort" of stalking. In a criminal court, it is the prosecutor who actually files the charge, despite the common misconception that it is the victim who "presses charges."

The "burden of proof" is the standard that the prosecutor or plaintiff's attorney must meet to prevail. In a criminal case, the prosecutor must prove that the defendant is guilty "beyond a reasonable doubt," which is the highest burden. In a civil case, the plaintiff must only prove that the defendant is liable by a "preponderance of the evidence," which means that it is more likely than not that the defendant stalked his or her intimate partner. Although the burden of proof is higher in a criminal trial, a civil trial requires more evidence. For example, a criminal charge for stalking an intimate partner can be filed based only on the accusation of the victim, yet in a civil trial for stalking, the plaintiff must support his or her allegations with independent corroborating evidence. Another example is that in a criminal case, there is no requirement that the victim asked the offender to stop his or her behavior, but in order to file a civil suit, the plaintiff must have clearly and definitively told the defendant to stop the stalking, unless the defendant was already under court order to refrain from such behavior.

Finally, the penalties in a civil suit and in a criminal prosecution are different. A civil suit penalizes the defendant financially whereas a criminal case can result in jail or prison. A plaintiff sues in civil court for two things - money and sometimes protection. In a stalking case, both would be sought. If a defendant is found liable, he or she could be required to pay the plaintiff "general" damages (damages that are awarded when an exact dollar amount can't be calculated, an example being pain and suffering), "special" damages (out of pocket expenses for attorney's fees, hospital bills, counseling, damage to personal property, etc.) and "punitive" damages, which are awarded above and beyond general and special damages to punish the defendant for stalking his or her intimate partner. In addition, if the defendant were found liable, his or her intimate partner would receive a civil protective order that would prohibit further stalking or other types of abuse by the defendant.

Stalking is a serious matter, whether charged criminally or alleged in a civil suit. It is therefore imperative that the accused hires the best attorneys he or she can afford. The criminal defense lawyers at the Kavinoky Law Firm specialize in intimate partner abuse crimes and have successfully represented numerous individuals charged with stalking their intimate partners. Contact them today for a free consultation and/or to ask for a referral for a civil attorney.