Georgia Stalking and Harassment Laws: Definitions, Penalties, and Restraining Orders

Stalking and harassment charges in Georgia are taken very seriously by law enforcement and the courts. These offenses can carry significant criminal penalties, and a conviction can have lasting effects on your personal life, your career, and your freedom. Whether you are a victim seeking protection or an individual accused of stalking or harassment, understanding how Georgia law defines these offenses, what penalties apply, and what legal options are available is essential.

How Georgia Law Defines Stalking

Georgia's stalking statute is found at O.C.G.A. Section 16-5-90. Under this law, a person commits the offense of stalking when they follow, place under surveillance, or contact another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. The law further specifies that the term "contact" includes any communication, including but not limited to communication in person, by telephone, by mail, by broadcast, by computer, by computer network, or by any other electronic device. The term "place or places" includes any public or private property.

For conduct to constitute stalking under Georgia law, the behavior must cause the victim to experience emotional distress. O.C.G.A. Section 16-5-90(a)(1) defines "harassing and intimidating" as a knowing and willful course of conduct directed at a specific person that causes emotional distress by placing that person in reasonable fear for their safety or the safety of a member of their immediate family. It is important to note that the stalking statute requires a "course of conduct," meaning a pattern of behavior rather than a single isolated incident. However, as discussed below, even a single contact can constitute stalking after a prior warning or protective order.

Aggravated Stalking

Georgia law also recognizes the more serious offense of aggravated stalking under O.C.G.A. Section 16-5-91. A person commits aggravated stalking when they violate a temporary restraining order, temporary protective order, permanent restraining order, permanent protective order, bond condition, or condition of probation that prohibits the behavior described in the stalking statute, and then follows, places under surveillance, or contacts the protected person in violation of that order. Aggravated stalking also occurs when a person, in violation of a bond condition, condition of probation, or condition of parole relating to a previous conviction of stalking or aggravated stalking, contacts the victim for the purpose of harassing and intimidating them.

How Georgia Law Defines Harassment

While Georgia does not have a single comprehensive "harassment" statute, several provisions of Georgia law address harassing behavior. O.C.G.A. Section 16-11-39.1 addresses harassing communications, making it a misdemeanor to contact a person repeatedly via telephone, telegraph, mail, or other electronic communication for the purpose of annoying or harassing the person or their family. The law specifically prohibits using obscene or threatening language, making repeated calls with the intent to harass, and knowingly permitting any telephone or electronic communication device under your control to be used for these purposes.

Additionally, O.C.G.A. Section 16-5-90(a)(2) provides that a person commits stalking when they broadcast or publish, including publishing on the internet, the name, address, or telephone number of the victim and directs threatening or harassing remarks toward the victim. This provision is particularly relevant in cases involving cyberstalking, online harassment, and the use of social media to intimidate or threaten others.

Cyberstalking and Online Harassment

Georgia's stalking laws have been updated to address the growing problem of cyberstalking and online harassment. The broad definition of "contact" under O.C.G.A. Section 16-5-90 includes communication by computer, computer network, or any other electronic device. This means that sending repeated unwanted emails, text messages, social media messages, or other electronic communications can constitute stalking if the other elements of the offense are met. Georgia's Computer Systems Protection Act, found at O.C.G.A. Section 16-9-93.1, also addresses computer based harassment and provides additional criminal penalties for using a computer to transmit threats or harassing communications.

Penalties for Stalking and Harassment in Georgia

Simple Stalking

A first conviction for stalking under O.C.G.A. Section 16-5-90 is a misdemeanor, punishable by up to 12 months in jail, a fine of up to $1,000, or both. However, even a misdemeanor stalking conviction can have significant consequences, including the entry of a protective order against you, mandatory counseling or treatment, restrictions on where you can go and who you can contact, and a criminal record that can affect employment and other aspects of your life.

Felony Stalking

A second or subsequent conviction for stalking is a felony under O.C.G.A. Section 16-5-90(c), punishable by one to ten years in prison and a fine of up to $10,000. This means that if you have a prior stalking conviction anywhere in the United States and are convicted of stalking again in Georgia, you face felony penalties.

Aggravated Stalking

Aggravated stalking under O.C.G.A. Section 16-5-91 is a felony punishable by one to ten years in prison and a fine of up to $10,000. Because aggravated stalking involves a violation of a court order, judges tend to impose sentences at the higher end of the range. A conviction for aggravated stalking can also result in enhanced penalties if the defendant has prior stalking convictions.

Harassing Communications

A first offense of harassing communications under O.C.G.A. Section 16-11-39.1 is a misdemeanor, punishable by up to 12 months in jail and a fine of up to $1,000. Subsequent offenses may carry enhanced penalties.

Protective Orders and Restraining Orders

Georgia law provides several types of protective orders that can be obtained by victims of stalking and harassment. Understanding these orders is important both for victims seeking protection and for individuals who may be subject to such orders.

Stalking Protective Orders

Under O.C.G.A. Section 16-5-94, a victim of stalking may petition the superior court for a temporary protective order (TPO) and, after a hearing, a permanent protective order. The TPO can be granted on an ex parte basis (without the accused being present) and typically lasts up to 30 days. At the hearing on the permanent order, both sides have the opportunity to present evidence. If the court finds by a preponderance of the evidence that stalking occurred, it may issue a protective order lasting up to three years. The protective order can include provisions requiring the respondent to stay away from the victim's home, workplace, and school, prohibiting all contact with the victim, requiring the respondent to surrender firearms, and other conditions the court deems necessary.

Family Violence Protective Orders

If the stalking or harassment occurs within a family or household relationship, the victim may also seek a family violence protective order under O.C.G.A. Section 19-13-3. Family violence protective orders are available when the parties are current or former spouses, parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or persons living or formerly living in the same household. The process is similar to the stalking protective order process but is handled in the family violence division of the court.

Defense Strategies for Stalking and Harassment Charges

If you have been accused of stalking or harassment in Georgia, there are several defense strategies that an experienced attorney may employ on your behalf.

Legitimate Purpose

One of the most common defenses is that the alleged contact or surveillance was conducted for a legitimate purpose. For example, if you were attempting to serve legal papers, conducting legitimate business, exercising your First Amendment rights to free speech, or engaging in lawful labor picketing, your conduct may not meet the legal definition of stalking. The key question is whether the contact was for the purpose of harassing and intimidating the other person.

Lack of Pattern

Because the stalking statute requires a "course of conduct," meaning a pattern of behavior, your attorney may argue that the alleged behavior was an isolated incident rather than a pattern. A single phone call, a single text message, or a single encounter does not typically constitute stalking unless it occurs in violation of a protective order or bond condition.

No Reasonable Fear

The prosecution must prove that the victim experienced emotional distress and was placed in reasonable fear for their safety. If the evidence does not support a finding that a reasonable person in the victim's situation would have experienced fear, this can be a valid defense.

False Allegations

Unfortunately, stalking and harassment allegations are sometimes made falsely, often in the context of contentious divorces, custody disputes, or other personal conflicts. If the allegations against you are fabricated or exaggerated, your attorney can present evidence to challenge the accuser's credibility and demonstrate the true nature of the situation.

Constitutional Challenges

In some cases, stalking charges may implicate First Amendment free speech protections. If the alleged stalking conduct involved speech, writing, or online expression, your attorney may argue that the prosecution violates your constitutional right to free expression. Courts have recognized that stalking statutes must be carefully applied to avoid criminalizing constitutionally protected speech.

What to Do If You Are Facing Stalking or Harassment Charges

If you have been arrested, charged, or served with a protective order related to stalking or harassment in Georgia, take the situation seriously. Do not violate any protective order or bond condition, as doing so can result in additional felony charges for aggravated stalking. Do not contact the alleged victim directly or through third parties. Do not post about the case on social media. Contact an experienced criminal defense attorney immediately to discuss your rights and options.

Contact J. Lee & Associates for Stalking and Harassment Defense

Stalking and harassment charges can disrupt every aspect of your life, from your personal relationships to your professional career. The attorneys at J. Lee & Associates Law Group understand the serious nature of these charges and the importance of mounting an aggressive defense. We will carefully review the evidence, identify weaknesses in the prosecution's case, and fight to protect your rights and your reputation. Contact J. Lee & Associates at (770) 676-4445 for a free consultation. Our office is located at 1250 Tech Dr, Suite 240, Norcross, GA 30093. We represent clients throughout Gwinnett County, DeKalb County, Fulton County, and the greater Atlanta area.