a close-up of a hand with handcuffs

Practice areas

Easter & DeVore – Your Strong Defense Against Stalking Charges in Knoxville

Stalking Attorney in Knoxville, TN

handcuffs on the man

A stalking charge in Tennessee is a serious accusation that can lead to a range of life-changing legal consequences, including significant jail time, hefty fines, long-lasting restraining orders, and a permanent criminal record. These cases can be particularly difficult because they often stem from personal issues, such as misunderstandings in relationships, emotional breakups, or allegations used strategically during contentious family legal disputes.

At Easter & DeVore, our legal team in Knoxville and East Tennessee is dedicated to defending individuals accused of stalking. We are committed to protecting your constitutional rights, maintaining your reputation, and working tirelessly to achieve the best possible result for your future.

    Need Help Now?

    Step 1/7

    Have you been charged with a crime?

    Step 2/7

    What is the status of the case?

    Step 3/7

    Do you have a scheduled court date?

    Step 4/7

    Which county is the charge or charges originating from?

    Step 5/7

    Do you have any prior convictions?

    Step 6/7

    What is your name?

    Step 7/7

    Please provide us your phone number and email address.

    The Gravity of a Stalking Accusation in Today’s Digital World

    In today’s interconnected world, the definition of “contact” has become more complex, leading to a legal landscape where ordinary social interactions can be misunderstood as threatening. What one person might see as persistent romantic interest or a concerned outreach after a breakup, the law might interpret as a course of conduct leading to criminal charges.

    The subjective experience of the alleged victim plays a central role in the statute, meaning that fear, rather than an objective threat of violence, can be the basis for an accusation. This subjectivity makes stalking charges vulnerable to exaggeration and fabrication, especially when personal vendettas are involved. The immediate social and professional consequences of a stalking accusation can be severe, affecting employment, reputation, and personal relationships even before a trial. Understanding this context is the first step towards building a successful defense.

    Understanding Stalking Charges in Tennessee

    Tennessee’s stalking law, as defined in the Tennessee Code Annotated, § 39-17-315, is complex and detailed. It defines stalking as “willful conduct” involving repeated or continuous harassment that causes a reasonable person to feel threatened, frightened, or intimidated. The law defines a “pattern of behavior” as two or more actions over time that demonstrate continuity of intent, which is an essential requirement for prosecutors to prove stalking.

    The statute outlines several degrees of stalking:

    • Stalking (Class A misdemeanor): The base offense involves unwanted contact that causes emotional distress. Penalties can include up to 11 months and 29 days in jail, fines of up to $2,500, and the possibility of a permanent order of protection.
    • Aggravated stalking (Class E felony): This charge is applied when the stalking involves credible threats of serious bodily harm or death, occurs in violation of a valid restraining order, or the defendant is in possession of a deadly weapon at the time of the act. If convicted, the sentence can range from 1 to 6 years in prison, with higher fines and more stringent supervision after release.
    • Especially aggravated stalking (Class C felony): The most severe charge is applied if the victim is under 18 or if the defendant has a previous conviction for stalking involving the same victim. This felony carries a sentence of 3-15 years in prison and represents a significant threat to personal freedom.

    In addition to legal penalties, a criminal conviction can lead to loss of professional licenses, exclusion from certain types of employment, strict restrictions on firearm ownership, and long-term damage to custody and visitation rights in family courts.

    • They helped me win my case and were very nice i would highly recommend them!

      Carol


    Read More Testimonials From Our Clients!

    Examples of Stalking Behavior

    Stalking can involve a wide range of behaviors that may seem minor in isolation but are considered criminal when part of a larger pattern. Examples include:

    • Repeatedly calling, texting, or messaging someone without consent
    • Following or surveilling a person in public or online
    • Sending unwanted gifts or notes
    • Showing up uninvited to someone’s home, workplace, or other locations
    • Using GPS or electronic devices to track someone’s movements

    Our attorney closely examines the alleged conduct and whether it meets the legal definition of stalking under Tennessee law.

    Immediate Consequences of a Stalking Arrest

    An accusation alone can lead to immediate and severe restrictions. Law enforcement may request an arrest warrant based solely on the alleged victim’s statement. After an arrest, the court will usually issue an emergency ex parte order of protection at the initial hearing. This order, granted without your presence to explain your side of the story, can:

    • Evict you from your shared home.
    • Grant temporary custody of children to the accuser.
    • Prohibit all contact, direct or indirect, with the alleged victim.
    • Order you to stay away from their home, workplace, and school.
    • Suspend or alter parenting time schedules.

    These orders can completely change your life overnight. At Easter & DeVore, we take urgent action during this crucial stage. We immediately seek a full hearing to challenge the temporary order, presenting evidence and arguments to demonstrate that such strict restrictions are unnecessary. We also aggressively advocate for bond hearings to ensure your release under reasonable conditions, fighting against excessive bail or conditions that equate an accusation with guilt.

    Building a Strong Defense

    Stalking charges often involve subjective claims and lack concrete evidence. In many cases, the allegations stem from miscommunication, misunderstandings, or false accusations made during emotionally charged disputes, particularly in divorce or custody proceedings.

    We develop defense theories tailored to the unique circumstances of your case, including:

    • Lack of Criminal Intent: Arguing that my actions were misunderstood and lacked any intention to harass or intimidate others. I believe that my actions may have been attempts at reconciliation, communication about shared responsibilities, or coincidental encounters.
    • First Amendment Defense: Protecting my constitutional right to free speech and peaceful, non-threatening expression, which has been wrongly characterized as harassment by others.
    • False Allegations: Exposing the motivations behind fabrications, which are common in high-conflict situations such as divorce, child custody disputes, or romantic rejection, where a stalking accusation can be used as a powerful tactical weapon in family court proceedings.
    • Lack of Evidence of a Pattern: Challenging the prosecution’s ability to prove a pattern of two or more actions demonstrating a consistent purpose. Individual incidents or coincidental events do not constitute stalking.
    • Constitutional Concerns: Filing motions to challenge evidence obtained through illegal searches or seizures in violation of constitutional rights.$$

    Our legal team reviews all evidence, including communications, witness statements, and surveillance footage, to uncover inconsistencies and identify potential motives for false allegations. We pursue dismissals where possible and, when necessary, fight the charges in court to clear your name.

    • This firm is a life saver. True professionals.

      Jacob

    The Critical Intersection with Family Court

    A stalking charge is often not an isolated incident, but rather a tactic within a larger family dispute. The presence of a criminal charge and a protective order can significantly impact ongoing or impending divorce and child custody proceedings. Family court judges can be greatly influenced by these allegations, which may lead to restrictions on visitation or loss of custody rights.

    Our attorneys are skilled at navigating this complex situation. We provide legal representation in criminal court and strategic advice to protect your parental rights in family court, ensuring a coordinated approach that safeguards your overall future.

    Why Expert Legal Representation is Non-Negotiable

    Facing a stalking charge can be a difficult process, as it involves navigating complex legal issues and dealing with strong emotions. It is important to have an attorney who understands the intricacies of the law and can provide compassionate representation.

    At Easter & DeVore, our team of experienced attorneys is dedicated to providing aggressive, informed, and caring advocacy for our clients. We know how to challenge the prosecution’s claims and present your case in a way that highlights your full personality, rather than just focusing on your role as a defendant.

    Learn More About Criminal Defense

    Contact Easter & DeVore

    If you are under investigation or have been charged with stalking in Knoxville, Sevierville, or any other part of East Tennessee, it is crucial that you take immediate action. Do not talk to law enforcement officers or try to “explain” your situation to the person who has accused you without the help of a lawyer. Contact Easter & DeVore to get a confidential and detailed case evaluation.

    We will listen to your story, explain the charges against you and the legal process in simple terms, and begin immediately to create a defense strategy that will help us achieve the best possible outcome. Your freedom, your reputation, and your relationships with your family are at stake. We will stand by your side and fight for you.

    Common Stalking FAQ

    What legally qualifies as stalking in Tennessee?

    Stalking requires a “willful course of conduct” — a repeated pattern of unwanted behavior (calls, following, messages) that would cause a reasonable person to feel fear, intimidation, or emotional distress under TN law § 39-17-315.

    What’s the difference between stalking and aggravated stalking?

    Simple stalking is a Class A misdemeanor. It becomes a felony as Aggravated Stalking (Class E) if it involves threats, a weapon, or violates an order of protection, or Especially Aggravated (Class C) if the victim is a minor or you have a prior conviction.

    Can a few unwanted texts lead to a stalking charge?

    Possibly, if they are part of a documented pattern. Prosecutors look at the totality of conduct. Isolated incidents may not meet the “course of conduct” standard, but repeated unwanted contact after a clear request to stop can form the basis of a charge.

    What should I do if a protective order is filed against me?

    Comply fully with all terms immediately. Do not contact the petitioner. Then, contact an attorney to understand the order and your defense options. Violating an order, even unintentionally, can lead to separate criminal charges and hurt your case.

    Are false stalking accusations common?

    Yes, especially in high-conflict situations like divorces, breakups, or custody disputes where allegations can be used for tactical advantage. A strong defense investigates the accuser’s motives and challenges the evidence’s credibility and context.

    What are the long-term consequences of a conviction?

    Beyond potential jail time and fines, a conviction often means a permanent criminal record, loss of firearm rights, and lasting protective orders that can affect where you live, work, and your parental rights.

    Related Articles