Threats & Stalking Case Study
Whether the protective order violation that formed the basis of the stalking charge was constitutionally valid.
The court reversed the stalking conviction, finding that the underlying protective order was constitutionally deficient because it was issued without adequate procedural due process. The court held that a stalking conviction based on violation of an unconstitutional protective order cannot stand.
Protective orders are frequently the basis for stalking and harassment charges. D.J. Rivera challenges the validity of protective orders — scrutinizing whether they were issued with adequate procedural due process and whether they are sufficiently specific to give the defendant fair notice of what conduct is prohibited.
This case involves § 18.2-60.4 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
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