Stalking in Alabama Divorce Law

Domestic Violence requires a strong knowledge of Criminal and Family law. I wanted to mention the crime of Stalking for a moment. Around 16 years ago, the Alabama Legislature passed our current stalking laws. Since then case law has fine-tuned it. The most common occurrence in Family Law usually involves a former spouse who stalks the other. Here is the actual law from the Alabama Code:


Stalking.
(a) A person who intentionally and repeatedly follows or harasses another person and who makes a credible threat, either expressed or implied, with the intent to place that person in reasonable fear of death or serious bodily harm is guilty of the crime of stalking.(b) The crime of stalking is a Class C felony.

Aggravated stalking.
(a) A person who violates the provisions of Section 13A-6-90(a) and whose conduct in doing so also violates any court order or injunction is guilty of the crime of aggravated stalking. (b) The crime of aggravated stalking is a Class B felony.

Definitions.
As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise.

(a) COURSE OF CONDUCT.A pattern of conduct composed of a series of acts over a period of time which evidences a continuity of purpose.
(b) CREDIBLE THREAT. A threat, expressed or implied, made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to fear for his or her safety or the safety of a family member and to cause reasonable mental anxiety, anguish, or fear.
(c) HARASSES. Engages in an intentional course of conduct directed at a specified person which alarms or annoys that person, or interferes with the freedom of movement of that person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress. Constitutionally protected conduct is not included within the definition of this term.