Stalking law makes sense
An expansion of state stalking laws that will take effect in January seems appropriate if vague in language.
One hole in Illinois laws has been that there aren’t many legal resources for people who are harassed by non-family members or people who don’t fit definitions under state domestic violence laws – i.e., persons who had some prior sexual or cohabitant relationship with the subject of an order of protection.
So if you’re harassed by a former co-worker, admirer, classmate or other acquaintance who was not a spouse or significant other, those harassers have to cross criminal boundaries before law enforcement can step in. Often, that boundary is a violent act, which means it could be too late for the victim.
Orders of protection have not been available under many circumstances, but they will be under new legislation drafted by Illinois Attorney General Lisa Madigan.
Madigan was in Crystal Lake this week to highlight the changes in the law.
It’s true that orders or protection aren’t foolproof. They’re a legal document that won’t necessarily save a person from violence. Victims have been tragically killed with valid orders of protection, expired orders or no orders at all. But it is another tool that law enforcement can use to protect victims of harassment and put offenders in jail.
While the language in the new legislation is vague, so is the language for crimes such as disorderly conduct, for example. As long as the new law is used appropriately, it can be valuable. When it is not used appropriately, defense attorneys can attack the validity of the petition.
Reasonable people should not be forced to endure fearful situations from those who repeatedly harass them.
The new laws will allow all victims of stalking protection that is similar to those seeking protection from domestic violence.
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