After a breakup, you might feel compelled to contact your former partner for innocuous reasons. However, seemingly harmless contact may lead your former partner to accuse you of stalking. What should you do if a former partner accuses you of stalking following a consensual communication? If you face criminal prosecution for stalking after you contacted your former partner for what you considered a consensual communication, taking prompt action can best protect your rights and interests in a Columbus, Ohio, criminal proceeding.
In Ohio, the offense of stalking occurs when a person knowingly causes another individual to believe the person will cause physical harm or mental distress to them or a member of their family or household. Furthermore, a person may not use any form of written or electronic communication, including computers or telecommunications devices, to post a message or use any written or graphic gesture to cause another individual to believe the person will cause them physical harm or mental distress.
Perceptions about communications can change after a romantic or intimate relationship ends. For example, a person may expect to cease all communication with a former partner after a breakup. As a result, they may implicitly withdraw their consent for their former partner to contact them, for example, by not returning calls or texts or by blocking their former partner’s number. An individual may also tell an ex not to contact them after a breakup.
Post-breakup communications may lead to stalking charges in various circumstances, such as:
In most cases, the accuser’s perception of and reaction to communications from a former partner will drive the police’s investigation, even if a former partner had a benign or legitimate reason for reaching out.
When you learn that a former partner views your communications as stalking or has reported you to law enforcement, you should cease any further attempts to directly or indirectly contact them. You should also preserve all communications, including text messages, emails, social media direct messages, and call logs, without altering or deleting any records. A complete record of your communications may support your claims of a lack of criminal intent.
You should also refrain from discussing the situation with others, especially mutual acquaintances you share with your former partner, and avoid posting about the situation on social media.
Most importantly, you should not attempt to “clear things up” with your former partner after you learn that they view your communications as threatening, as doing so may bolster their allegations against you.
Law enforcement and prosecutors investigating stalking allegations between former romantic or intimate partners will review various aspects of the parties’ communications to look for evidence of intent, including the pattern of communication, frequency of calls or messages, the timing of communications, and the tone in written messages. Police may consider whether the accuser responded to communications and the tone of their response. Investigators may also consider other evidence, such as the parties’ relationship history: did their relationship end on good terms, or did they have a tumultuous breakup?
Although you may have legitimate, non-threatening reasons for contacting a former partner, doing so may expose you to unanticipated consequences. Contact McNamee Defense today for a confidential consultation with a knowledgeable Columbus criminal defense attorney to discuss what steps you should take if a former partner accuses you of stalking for what you considered consensual communications.
Facing a sizeable bureaucratic justice system can leave you shaking in your shoes. We’re here to tell you it doesn’t have to. Call 614-782-8889 or email us to schedule your free initial consultation today. We take cases in Columbus and across Central Ohio.