Stalking Defense Attorney in Whittier

California Stalking Charges Under Penal Code Section 646.9

California Penal Code section 646.9 generally defines stalking as willful, malicious, and repeated following or harassment combined with a credible threat intended to place another person, or that person’s immediate family, in reasonable fear for their safety. The precise statutory language and charged subdivision matter when evaluating a case.

A course of conduct means two or more acts occurring over any period, even a short one, that show continuity of purpose. Harassment generally means a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes that person and serves no legitimate purpose.

A credible threat may be verbal, written, electronic, implied through conduct, or established through a combination of communications and conduct. Whether contact occurred is only part of the analysis. The nature of the alleged threat, the surrounding circumstances, and the accused person’s intent also matter.

Potential Penalties for Criminal Stalking

A violation of Penal Code section 646.9 may lead to county jail, a fine, state prison, or a combination of applicable penalties. The potential sentence depends on the charged subdivision, the circumstances, qualifying court orders, and relevant prior convictions.

Factors that may increase criminal exposure include:

• Committing stalking while a qualifying restraining order or other court order is in effect, which can carry a state-prison term of two, three, or four years.
• Having certain prior felony convictions that affect punishment under the stalking statute.
• Receiving a felony conviction for which a court orders registration under Penal Code section 290.006 based on the required statutory findings.

How Protective Orders Can Affect a Stalking Case

A criminal protective order is issued within a criminal case and may prohibit contact, harassment, threats, approaching specified people or places, or attempts to locate a protected person. An emergency protective order is a temporary measure that may be issued in urgent circumstances. A civil harassment restraining order is separate from a criminal prosecution, although the underlying allegations and restrictions may overlap.

Active orders should be read carefully and followed unless a court modifies or terminates them. Indirect communication through friends, relatives, alternate accounts, or third parties may still cause legal problems, depending on the order’s wording. A violation can support an additional criminal allegation and affect the pending defense.

Following a conviction, Penal Code section 646.9 also allows a sentencing court to consider a no-contact restraining order lasting up to 10 years.

Evidence That May Shape the Defense

These cases often turn on the complete sequence of events rather than one message or encounter viewed in isolation. Relevant material may include texts, emails, call records, social media activity, location information, surveillance, witness accounts, prior communications, and the exact wording of an alleged threat.

A defense evaluation may examine whether the conduct was repeated, whether it had a legitimate purpose, whether communications were accurately attributed, and whether an alleged threat was credible in context. It may also address whether the prosecution can prove the required intent. Constitutionally protected activity is excluded from the statute’s definitions of course of conduct and credible threat.

What to Do After a Stalking Allegation

Before discussing the case or responding to the other person:

• Follow active orders. Don’t assume consent from the protected person changes a court-ordered restriction.
• Avoid direct and indirect contact. Don’t use another person, account, or platform to communicate if contact may be prohibited.
• Preserve relevant records. Keep messages, call logs, social media content, court papers, and other materials without deleting or altering them.
• Limit public discussion. Don’t post about the allegations or contact potential witnesses before obtaining legal advice.

Whittier Court Proceedings & Venue

The Whittier Courthouse is part of the Southeast Judicial District of the Los Angeles County Superior Court. Official court information identifies it as serving Whittier and nearby communities, including Pico Rivera and La Habra Heights.

A case isn’t automatically assigned to a particular courthouse based only on where a defendant lives. Venue and court assignment may depend on the alleged conduct, jurisdiction, filing decisions, and type of proceeding. Because protective-order questions can arise in criminal, civil, or family court, the specific order and issuing court should be identified before making decisions about contact, visitation, or attendance.

Discuss Your Stalking Defense With Our Whittier Firm

If you’ve been contacted by police, arrested, given a court date, or served with an order, we can explain your immediate obligations and available legal options. We offer a free 15-minute consultation and bilingual service in English and Spanish.

From our Whittier office, we represent clients from Pico Rivera, Montebello, La Mirada, La Habra, and surrounding communities. Before making case-related statements or initiating further contact, seek advice based on the allegations and any active court orders.

Call (562) 362-4078 to speak with Law Office Of J. David Munoz & Associates about your stalking defense matter.