Was George Zimmerman Stalking Trayvon Martin?

Aug 6, 2013 | Orders of Protection

George Zimmerman’s trial has captured the attention of the nation. Zimmerman was charged with second degree murder and manslaughter and found not guilty on both charges. Since the jury’s verdict was announced, many people have weighed in with their opinions regarding the not guilty verdict.

Many people have expressed the opinion that Zimmerman should have been charged with first-degree murder. First-degree murder was one of the possible charges that could have been brought against Zimmerman. In Florida one definition of first-degree murder is “the unlawful killing of a human being . . . when committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any aggravated stalking.”

In order to bring a first-degree murder charge against Zimmerman the prosecutors would have had to prove Zimmerman was engaged in aggravated stalking. “Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person, and makes a credible threat with the intent to place that person in reasonable fear of death or bodily injury” is guilty of aggravated stalking in Florida. Proving aggravated stalking must have been a burden the prosecutors did not feel they could meet and thus did not charge Zimmerman with first-degree murder.

In Illinois stalking is when a person “engages in a course of conduct directed against another person which they know or should know will cause a reasonable person to fear for their safety or safety of a third party or cause a victim emotional distress. If you are being stalked, there is something you can do about it. In Illinois, you can get a Stalking No Contact Order.

A Stalking No Contact Order makes it illegal for the stalker to contact you without your permission. This means the stalker cannot follow, monitor, threaten, or talk to you. To obtain a Stalking No Contact Order, you must first file a petition asking the court for one.

There are two types of Stalking No Contact Orders. The first is an Emergency Stalking No Contact Order. If you ask the court for an emergency order, you will go before a judge the same day you file the petition. The judge will then determine whether to grant you an Emergency Stalking No Contact Order. An Emergency Stalking No Contact Order is only temporary and only lasts 14 to 21 days.

A Plenary Stalking No Contact Order is the other type of Stalking No Contact Order. A plenary order can be good for up to two years. If the stalker is convicted of stalking in a criminal trial, the Stalking No Contact Order will be permanent. To obtain a plenary order there must be hearing before a judge. Prior to the hearing, the stalker must be notified about the hearing by the Sheriff. The stalker will have a chance to appear at the hearing and argue against the Stalking No Contact Order.

For more information on filing a Stalking No Contact Order please feel free to contact The Law Office of Bradley R. Tengler in Rockford, IL at 815-981-4859 for a free consultation. Please note, the above does not constitute legal advice. Please discuss your specific rights with an attorney in your own jurisdiction.