Georgia Stalking Lawyer
The single most consequential decision anyone faces after a stalking charge in Georgia is whether to treat it as a routine matter or recognize it for what it actually is: a serious criminal allegation that carries mandatory minimum penalties, protective order consequences, and collateral damage to employment and reputation that can outlast the case itself. When you are charged with stalking under Georgia law, the decisions made in the first hours and days after arrest shape everything that follows. Retaining an experienced Georgia stalking lawyer before you speak to investigators, before you respond to a protective order, and before you take any action that could be construed as contact with the alleged victim is not just advisable. It is the difference between keeping control of your defense and surrendering it.
What Georgia’s Stalking Law Actually Requires the Prosecution to Prove
Georgia’s stalking statute, codified at O.C.G.A. § 16-5-90, defines stalking as following, placing under surveillance, or contacting another person without their consent for the purpose of harassing or intimidating that person. The word “harassing” has a specific legal meaning under the statute: it involves conduct directed at a specific person that causes emotional distress by placing that person in reasonable fear for their safety or the safety of an immediate family member, or that constitutes a pattern of conduct that would cause a reasonable person to suffer substantial emotional distress. Each element of that definition is a potential point of attack for a well-constructed defense.
The prosecution must establish that contact occurred without consent, that the contact was directed at a specific individual, and that the purpose behind that contact was harassment or intimidation rather than something lawful. These are not easy elements to satisfy beyond a reasonable doubt, and Georgia courts have grappled with the boundaries of this statute for years. Communications that feel harassing to one party may have a legitimate, innocent explanation. Surveillance may have had a lawful purpose. Repeated contact may have been welcomed at some points and rejected at others, creating genuine ambiguity about consent that the state must overcome.
Aggravated stalking, charged under O.C.G.A. § 16-5-91, is a substantially more serious offense. It applies when a person violates the terms of a bond, protective order, or restraining order by following, placing under surveillance, or contacting the protected party. An aggravated stalking conviction is a felony in Georgia, carrying a mandatory minimum sentence of one year in prison and a maximum of ten years. That felony designation has consequences that extend well beyond the sentence itself, affecting firearm rights, professional licenses, and immigration status.
Challenging the Evidence Before Trial Becomes the Only Option
Stalking cases in Georgia are heavily dependent on digital evidence. Text messages, call logs, social media activity, location data pulled from smartphones, and surveillance footage from businesses or residential cameras are now standard components of the prosecution’s case. Each of those sources carries its own chain of custody requirements and evidentiary challenges. Location data pulled from a phone, for example, has accuracy limitations that prosecutors rarely acknowledge in their charging documents. Cell tower triangulation can place a person within a range of hundreds of meters, not at a precise location, and the distinction matters enormously when the charge rests on claims of physical surveillance.
Georgia law also requires that the conduct constitute a pattern, not a single incident. A single unwanted text message does not satisfy the statutory definition of stalking. The prosecution must show a course of conduct, and the boundaries of what counts as a connected pattern versus separate, unrelated events are frequently disputed. Your attorney’s ability to challenge the framing of that pattern, through cross-examination of the alleged victim and through independent analysis of the timeline, can directly determine whether the state meets its burden.
There is also the question of the alleged victim’s credibility and motive. Stalking charges sometimes arise in the context of contentious divorces, child custody disputes, or relationship breakdowns where the lines between persistent contact and harassment are blurred by conflicting accounts. Evidence of prior consensual contact, mutual communications, or a pattern of the alleged victim reaching out before claiming to be harassed can fundamentally undercut the prosecution’s narrative. Gathering that evidence requires moving quickly, before records are deleted or devices are reset.
The Protective Order and How It Shapes Your Criminal Defense
In virtually every stalking case in Georgia, the alleged victim seeks a temporary protective order through the Superior Court. That order can be obtained ex parte, meaning the court issues it based solely on the petitioner’s account without the accused present. Once issued, a temporary protective order triggers a hearing, typically within thirty days, at which you have the right to appear and contest the allegations. What happens at that civil hearing has direct implications for your criminal case. Testimony you give in the protective order hearing can be used against you in the criminal prosecution. Admissions made in an attempt to appear cooperative or reasonable at the civil stage can become exhibits at trial.
The decision of whether and how to participate in a protective order hearing, what to say, and what evidence to present requires careful coordination with your criminal defense attorney. The two proceedings run on parallel tracks, and the strategy applied to one must account for the other. Failing to appear at the protective order hearing results in a permanent order being entered by default, which then creates the predicate condition for aggravated stalking charges if any further contact with the petitioner occurs. A permanent protective order can also affect child custody arrangements, housing, and employment clearances.
Defending Against Stalking Charges at the Fulton County and Surrounding Courthouses
Stalking cases in the Atlanta metropolitan area are prosecuted in the Superior Courts of each county. Fulton County Superior Court, located in downtown Atlanta, handles the majority of cases originating from Atlanta proper. Cases arising from Dunwoody, Sandy Springs, and Brookhaven may move through Fulton or DeKalb County Superior Court depending on where the alleged conduct occurred. Gwinnett County Superior Court handles cases from Lawrenceville and the northeastern suburbs, while Cobb County Superior Court in Marietta covers accusations arising from that county’s municipalities.
The Spizman Firm has appeared in courts throughout the Atlanta metro area and across Georgia on behalf of clients facing serious criminal charges. Justin Spizman, recognized by Super Lawyers, brings trial-tested experience to cases where the evidence is contested, the facts are disputed, or the prosecution’s version of events does not tell the complete story. Understanding the procedural expectations of each courthouse and the tendencies of each jurisdiction’s prosecutors is not a generic skill. It is the product of years of courtroom presence across this specific region.
Common Questions About Georgia Stalking Charges
Can I be charged with stalking for sending repeated text messages?
Yes, repeated electronic communications can form the basis of a stalking charge in Georgia if the state can show they were sent without consent and for the purpose of harassment or intimidation. However, the conduct must meet the statutory definition of a pattern, and a single unwanted message does not typically satisfy that threshold. The content, frequency, and context of the communications all matter to the analysis.
Does Georgia’s stalking law apply to people I have a prior relationship with?
Georgia law applies to stalking conduct regardless of whether the parties were previously in a romantic relationship, lived together, or had no prior connection. Cases involving former romantic partners are extremely common, and the existence of a prior relationship does not eliminate the charge. In fact, prior relationship context is frequently cited by prosecutors as making the alleged conduct more threatening.
What happens if I violate a protective order related to a stalking case?
Any contact with a protected party in violation of a valid protective order can elevate a misdemeanor stalking charge to aggravated stalking, which is a felony carrying a mandatory minimum of one year in prison. The contact does not have to be threatening or hostile. Even a brief, friendly message can constitute a violation if a valid order is in place.
Is there a difference between misdemeanor and felony stalking in Georgia?
First-time stalking convictions under O.C.G.A. § 16-5-90 are misdemeanors, punishable by up to twelve months in jail and fines. Aggravated stalking under O.C.G.A. § 16-5-91 is a felony. A second or subsequent conviction for simple stalking can also result in felony treatment. The distinction between misdemeanor and felony exposure makes the defense strategy significantly different depending on the specific charge.
Can stalking charges be dismissed before trial?
Yes. Stalking charges are dismissed before trial in cases where the evidence does not meet the statutory definition, where the alleged victim recants or declines to cooperate with the prosecution, or where a defense attorney successfully challenges the sufficiency of the evidence at a preliminary hearing. Dismissal is not guaranteed, but it is a realistic outcome in cases where the facts support a credible challenge to the state’s case.
Will a stalking conviction appear on a background check?
A stalking conviction, whether misdemeanor or felony, is a criminal conviction in Georgia and will appear on standard background checks. It can affect professional licensing, security clearances, housing applications, and employment. Expungement of stalking convictions is not available under Georgia law in most circumstances, which makes fighting the charge aggressively from the outset the most practical way to avoid a permanent record.
Clients Across Atlanta and Throughout Georgia
The Spizman Firm represents clients facing stalking and related charges throughout the Atlanta metro area and across the state. That includes people charged in Fulton County, DeKalb County, Gwinnett County, Cobb County, and Cherokee County, as well as in communities such as Buckhead, Midtown Atlanta, Decatur, Marietta, Alpharetta, Roswell, Sandy Springs, Dunwoody, Smyrna, and Peachtree City. Whether the charges originated near Piedmont Park, along Peachtree Road, or in the suburban corridors north of the Perimeter, the firm’s reach extends across the geographic area where most metro Atlanta cases are prosecuted.
Speak With a Georgia Stalking Defense Attorney Before Your Next Court Date
A consultation with The Spizman Firm starts with listening. You walk through what happened, what evidence exists, and what procedural deadlines are already running. From that conversation, a realistic picture of your options takes shape, including how to respond to any pending protective order, what the criminal discovery process will reveal, and what defense strategies are viable given the specific facts of your case. There is no pressure and no generic assessment. The goal is to give you an honest evaluation of where your case stands and what can be done. For anyone facing a stalking charge in Georgia, the hearing on a temporary protective order may arrive within two to three weeks of the initial filing, making early consultation more than just advisable. Reaching out to an experienced Georgia stalking defense attorney now leaves every option open. Waiting forecloses some of them.
