How Stalking and Harassment Charges Are Proven: What Evidence Do You Need?

If you’re being stalked or harassed, law enforcement needs to see evidence of repeated contact and the serious emotional distress it causes. The most compelling evidence in stalking cases is often the victim’s own testimony, but physical evidence such as text messages, social media posts, or even tracking data from devices like Apple tags can make or break a case.

What About Cyberstalking?

Proving cyberstalking involves showing how the behavior of the stalker over the internet has caused significant emotional distress. If a stalker is regularly sending threatening or disturbing messages, or if they’re using social media to broadcast personal information about the victim, that could be enough to bring charges.

How is Evidence in Cyberstalking Cases Gathered

When police investigate cyberstalking, they often rely on digital evidence. This includes records from social media platforms, phone records, and even location tracking. Unfortunately, getting access to this information isn’t always easy, especially when it involves major companies like Apple or Facebook. However, law enforcement has the resources to gather this data, which can significantly strengthen a case.

How to Report Cyberstalking to the Police

If you feel that you are a victim of cyberstalking and want to report it to the police in Colorado, here are the basic steps you should follow:

• Gather and preserve any evidence of the stalking, including screenshots, saved emails or messages, dates/times of contact, records of social‑media posts or posts to forums, etc. Document everything in writing.
• Contact local law enforcement in the jurisdiction where you live or where the stalking occurred and file a police report.
• If the behavior threatens you or makes you fear for your safety, you can also ask the court for a civil protection order (sometimes called a restraining order) to prohibit contact or harassment.
• Consider preserving additional records (phone bills, metadata, witness statements), and, if possible, seek legal or victim advocacy help to advise you on filing criminal or civil action.

How Does the Court Evaluate Evidence?

In the courtroom, the burden of proof lies with the prosecution. They must prove beyond a reasonable doubt that the victim suffered serious emotional distress and that the behavior in question was, in fact, stalking. This can be challenging, especially when the stalker’s behavior is subtle, like frequent but seemingly innocent interactions on social media.

Cyberstalking Proof FAQs

• How can I prove cyberstalking? Show repeated contact, threats, or actions that caused genuine emotional distress, like avoiding places or changing phone numbers.
• How to prove harassment on social media? Provide evidence of repeated negative messages, threats, or comments from the person harassing you.
• What is enough evidence for stalking? Evidence of repeated contact (messages, tags, stalking posts) and proof of emotional distress or fear.

If You Have Been Charged With Cyberstalking

Cyberstalking is a serious crime and as such it is taken very seriously by law enforcement, so much so that it can often be weaponized by people who are angry and looking to lash out, such as in the case of a nasty divorce, or a bad breakup. When this is the case behavior that would reasonably be accepted comes under scrutiny and individuals may end up charged with cyberstalking. If you have been charged with a cybercrime like online harassment or cyberstalking we invite you to reach out to the Law Office of Rodemer | Kane. We have years of getting to the truth of a situation and fighting to protect the rights of our clients.