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What constitutes criminal stalking in Delaware?

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Bishop231

New member
Delaware

My wife left her previous job about a month ago. Someone from her previous job is following her truck around (she's a local CDL driver), and has made intimidating statements (of the "I'm going to get you" variety) to both her and her co-worker (helper on the truck).

She called the police, who said that there was no violence committed, so they won't take action.

Reading the applicable Delaware law, I don't see any requirement for violence to have been committed:

"11 Del. C. § 1312. Stalking; class G felony, class F felony, class C felony. (2008)
(a) A person is guilty of stalking when the person knowingly engages in a course of conduct directed at a specific person and that conduct would cause a reasonable person to:
(1) Fear physical injury to himself or herself or that of another person; or
(2) Suffer other significant mental anguish or distress that may, but does not necessarily, require medical or other professional treatment or counseling."
Should I call the police back and insist they take action, or contact a lawyer?
 


Zigner

Senior Member, Non-Attorney
You can't force the police to act...but you can try speaking with a supervisor. Not sure why you'd contact a lawyer.
 

quincy

Senior Member
Delaware

My wife left her previous job about a month ago. Someone from her previous job is following her truck around (she's a local CDL driver), and has made intimidating statements (of the "I'm going to get you" variety) to both her and her co-worker (helper on the truck).

She called the police, who said that there was no violence committed, so they won't take action.

Reading the applicable Delaware law, I don't see any requirement for violence to have been committed:

"11 Del. C. § 1312. Stalking; class G felony, class F felony, class C felony. (2008)
(a) A person is guilty of stalking when the person knowingly engages in a course of conduct directed at a specific person and that conduct would cause a reasonable person to:


Should I call the police back and insist they take action, or contact a lawyer?
If your wife fears for her safety, she could look into getting a restraining order against the person following her around.

What reason does your wife give for this person having interest in her?
 

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