Although many people associate domestic violence with physical assault, these charges can encompass a broader range of crimes in Washington. These offenses include stalking: a pattern of unwanted contact or surveillance that causes reasonable fear or substantial emotional distress for the victim. When stalking occurs between people who share certain domestic relationships, the criminal justice system treats these cases with additional scrutiny and severity.
What Is Stalking under Washington Law?
According to §9A.46.020 of the Revised Code of Washington, stalking is a form of criminal harassment that places victims in reasonable fear for their safety and well-being. Many actions can constitute stalking, such as:
- Repeated phone calls, texts, and emails
- Following and observing the alleged victim
- Surveilling or monitoring the alleged victim
- Leaving unwanted gifts, flowers, or notes
- Showing up at someone’s workplace or school
- Using software or hidden cameras to spy on the victim
- Using GPS technology to track the victim
- Entering the victim’s vehicle or home
In Washington, a first-time stalking offense is a misdemeanor crime, punishable by up to 90 days in jail and a $1,000 fine. However, repeat offenses carry more severe Class C felony charges, which can lead to up to five years in prison and $10,000 in fines.
Can Stalking Be Prosecuted as a Domestic Violence Offense?
Stalking can be prosecuted as a domestic violence offense in Washington if it involves one family or household member committing this crime against another. These relationships include:
- Current or former spouses
- Current or former domestic partners
- Dating partners aged 16 or older
- Parents of shared children
- Blood or marriage relatives
- Current or former cohabitants
- Those with biological or legal parent-child relationships
When stalking occurs within these relationships, prosecutors often pursue domestic violence charges, which can result in mandatory treatment programs, no-contact orders, and other specialized conditions beyond standard criminal penalties. If you are facing stalking and domestic violence charges, it is important to work with an attorney who understands these charges and advocates for your rights and freedoms.
How Do You Defend Yourself When Facing a Stalking Charge?
To convict a person of stalking in Washington, the prosecutor must prove that the victim experienced reasonable fear—meaning an ordinary person would feel afraid or intimidated under similar circumstances—and that the accused knew or should have known their actions would cause such fear. You have the right to defend yourself against these accusations, but there are two defenses that you cannot use:
- You cannot claim that the victim never requested the behavior to stop.
- You cannot claim that you did not intend to cause fear.
Despite these exclusions, a criminal defense lawyer can leverage several compelling defense strategies to protect your rights. For example, they can challenge the factual allegations against you, or question whether a reasonable person would truly feel threatened by the conduct.
Trust The Law Offices of Mark S. Treyz to Protect Your Rights
Stalking allegations can devastate your reputation, relationships, and freedom. In these situations, trust The Law Offices of Mark S. Treyz to advocate for your best interests.
We know how innocent actions can be misinterpreted and how past relationships can complicate stalking cases. Contact us at (253) 272-8666 to speak with a Tacoma domestic violence defense attorney who will listen to your side of the story and help you strategize a plan for moving forward.