What legal actions can I take against stalking?
June 11, 2024 | 40,00 EUR | answered by Uwe Riedmüller
Dear lawyer,
my name is Ulrike Böhm and I am reaching out to you as I urgently need legal advice. For several weeks, I have been harassed by an individual who sends me unpleasant messages, follows me, and makes unwanted visits. I feel increasingly threatened and harassed and do not know how to defend myself against it.
The situation is causing me significant psychological distress and I fear that it may worsen. I have already tried to reason with the person and ignore them, but without success. I feel helpless and do not know what legal steps I can take against the stalking.
Could you please explain to me in more detail what legal options I have to defend myself against this harassment? Are there specific laws prohibiting stalking and how can I protect myself? Should I go to the police and file a report or are there other measures I can take?
I would be very grateful if you could assist me in this matter and provide me with concrete steps on how to protect myself from this harassment.
Thank you in advance for your support.
Sincerely,
Ulrike Böhm
Dear Mrs. Böhm,
Thank you for your inquiry and your trust in my legal expertise. I am sorry to hear that you are suffering from this distressing situation and feel threatened. Stalking is a serious problem that should not be underestimated. It is important that you actively defend yourself and take measures to protect yourself from further harassment.
First and foremost, I would like to emphasize that stalking is a criminal offense in Germany. Since 2007, there has been the Anti-Stalking Act, which criminalizes the persistent pursuit of a person. According to § 238 of the Criminal Code, stalking is punishable with imprisonment of up to three years or a fine. It is a punishable offense that should not be tolerated.
To defend yourself against stalking, I recommend that you first go to the police and file a report. There you can describe the situation, present evidence (such as unwanted messages, photos, witness reports), and ask for help. The police can conduct a risk assessment and take protective measures for you. It is important that you document the incidents and collect all evidence to support your report.
Furthermore, you can also apply for a restraining order against the harassing person. This court order prohibits the person from approaching you or contacting you. In the event of a violation, the person can be prosecuted.
It is also advisable to seek professional help to receive psychological support and deal with the distress. There are counseling centers and victim support organizations that can help you.
Overall, it is important that you do not feel alone and that you take proactive steps against stalking. You have the right to physical and mental integrity and should not hesitate to take legal action to protect yourself.
I hope that my explanations are helpful to you and encourage you to take action against stalking. Please do not hesitate to contact me if you have any further questions or need legal advice.
Sincerely,
Uwe Riedmüller, Attorney
