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Prosecuting someone for stalking

Nashville, TN |

ive had problems w this person for years ,a serious of things has happened to me over the years bt never enough evidence to prove it was this person until this person actually came to my house and was threatening me and neighbors saw her outside . Detective called to follow up and ask if i still want to prosecute i said yes, what happens now? Do i need a lawyer if i go to court?

Attorney Answers 3


You will not need a lawyer. You have reported it to the police. They will review the facts and determine if that person needs to be arrested and charged. If charged, the district attorney general's office will prosecute the person. So in effect, the district attorney will be your lawyer. I say in effect since you are actually a victim/witness. But you are not required to retain your own lawyer. You may if you wish but there is no requirement. If you choose to sue the person in civil court, then you may need to hire an attorney.

Nothing in this communication should be construed as creating an attorney-client relationship. I provide this service for educational purposes only. I will take no action on your behalf unless you have hired me and a written retainer agreement is signed. I am licensed only in Tennessee and I strongly suggest you consult with an attorney in your city and state as Statute of Limitation deadlines can limit your recovery.

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You wouldn't need a lawyer in the facts you've described.

Disclaimer: No attorney client privilege is established by receiving an answer to your question on Avvo. This answer is provided for informational purposes only. If you have further questions, please do not hesitate to visit my Avvo profile or website -- -- to set up an appointment to talk more about your issue. As required by Rule 7.2(e), Alabama Rules of Professional Conduct, no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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If the person intentionally comes about you again, you have a right to file a petition for an Order of Protection under the new stalking provisions. You do not need an attorney to do this, although it helps. It used to be that you could only file petitions for orders of protection against relative, but the law changed to allow protection from stalkers and sexual assailants. If you do not want to go the order of protection route, you can always hire an attorney to write a letter threatening legal action against your stalker. This might keep the stalker at bay and it will hopefully save you the hassle of going to court.

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