Whether you feel the criminal justice system has failed you or you seek further justice, here is how to sue a stalker in California.
If you have been the victim of stalking, you probably already know about orders of protection and criminal prosecution as the first line of defense against your stalker. Before you sue your stalker, you will need to identify your stalker, collect proof of stalking, and collect proof of damages. Then, you can take your case to court
Grounds to Sue a Stalker in California
If you believe someone is stalking you, either in person or online, this is the information you will need in order to pursue a lawsuit against your stalker:
1. Identity of the Stalker
]You must have at least the name of your stalker in order to file a lawsuit. You will also need that person’s address or contact information. In cyberstalking cases, an investigation to trace the IP address of your stalker may be necessary.
2. Proof of Stalking
It is not enough to have your word against the alleged stalker’s. You will need proof of stalking, such as copies of communications from the stalker, testimony from family members or eyewitnesses, surveillance footage, etc..
3. Proof of Damages
You will only have grounds to bring a claim against a stalker if you suffered compensable damages in the incident. You will need proof of damages such as medical bills, therapy costs, lost wages, or testimony as to your emotional distress.
Related: Civil Harassment Restraining Order in California
Steps to Filing a Lawsuit Against Your Stalker
There are two options for filing a lawsuit against your stalker. You can either file a lawsuit in small claims court or in regular district court. If you choose to sue in regular district court, you will need the assistance of a private attorney.
If you choose to sue in small claims court, these are the steps you should take:
1. Figure out how to name the defendant
Not only will you have to find the name of the defendant, but also you will have to have a current address for your stalker in order to serve them.
2. Ask for payment
Many courts require that you ask the other side for payment before you go to court. However, in cases of stalking, it can be deemed unsafe to do so. Therefore, it is likely not a requirement in the case of stalking.
3. Find the right court to file your claim
You will need to figure out which court to file your claim in. If you file your claim in the wrong court, the court may dismiss your case. To ensure that this does not happen, it is best to talk to the small claims advisor to see where to file your claim.
4. Fill out your court forms
You will need to fill out the following form with your claim to go to small claims court. If you need more space to describe your claim or need witness statements, you may fill out a Declaration as well.
5. File your claim
Take your completed forms to your small claims clerk. Make and bring at least two copies of all of your forms.
6. Serve your claim
Your claim must be served at least 15-25 days before the court date. You must have someone else serve your stalker. The server must be at least 18 years old and not involved in the case. He or she can be:
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- A friend, relative, or co-worker
- A “process server” who you pay to deliver court forms
- The local sheriff
7. Go to court
Be prepared for your trial. Plan what you are going to say, prepare the proof to take to court, take copies of all of your court papers, and take witnesses to support your story.
Contact Her Lawyer
If you are not sure whether you have grounds to sue your stalker or if you need assistance in the process, contact us. We’ll get you a free consultation with an experienced attorney to review your forms and help you decide your best plan of action.