What Counts as Stalking in Virginia? Understanding Va. Code § 18.2-60.3
What Exactly Qualifies as Stalking Under Virginia Law?
Under Virginia Code § 18.2-60.3, stalking occurs when someone, on more than one occasion, directs behavior toward another person with the intent to make that person fear death, sexual assault, or bodily injury.
A stalking charge can escalate quickly, often before you even realize what’s happening. Battlefield Law Group defends clients in Prince William County, Fairfax County, and throughout Northern Virginia, helping you take control of your case before it’s too late.
In reality, most stalking cases are not as clear-cut as they sound. What starts as persistent communication, an attempt to reconcile, or a misunderstanding between two people can quickly be interpreted as criminal behavior. And once an accusation is made, it can spiral fast, especially when emotions or protective orders become involved.
In Virginia, a first stalking offense is a Class 1 misdemeanor punishable by up to 12 months in jail and a $2,500 fine. A second or subsequent offense, or any stalking that violates a protective order, can be charged as a Class 6 felony, carrying up to 5 years in prison.
Common Questions About Stalking in Virginia
What constitutes stalking in Virginia?
Stalking means repeated actions or contact that cause another person to fear for their safety. This might include following someone, showing up where they are, or sending repeated unwanted messages.
How many incidents are needed for a stalking charge?
Virginia law requires conduct to occur on more than one occasion, meaning at least two separate incidents of unwanted contact or pursuit.
Can texting or social media count as stalking?
Yes. Repeated texts, DMs, tagging, or posting about someone online can qualify as digital stalking if the other person reasonably feels fear or intimidation.
Is stalking a felony in Virginia?
A first offense is a Class 1 misdemeanor, but a second or subsequent offense, or one connected to a Protective Order, can be charged as a Class 6 felony.
Can someone get a Protective Order for stalking?
Yes. An accusation of stalking often leads to a Protective Order, which can restrict all forms of contact, including digital, and limit where the accused can go.
Digital and Social Media Stalking in Northern Virginia
In today’s world, stalking doesn’t always mean following someone in a car or lurking outside a home.
In Prince William County, Fairfax County, and other Northern Virginia jurisdictions, prosecutors are increasingly treating digital conduct the same as physical pursuit.
For example, repeatedly messaging a person who has asked you to stop, tagging them in social media posts, or using GPS apps to track their movements could all qualify as stalking. Even if you meant no harm, what matters most is how the other person perceived those actions.
That gray area, between intent and perception, is where many people find themselves facing charges they never imagined.
How Stalking and Protective Orders Intersect
Stalking cases often overlap with Protective Orders. If the alleged victim seeks one, the court may prohibit all contact, remove access to shared spaces, and even require the surrender of firearms.
Violating a Protective Order is a separate criminal offense, one that can quickly compound an already serious situation.
At Battlefield Law Group, Attorney Lili R. O’Connell has built a reputation for handling these emotionally charged matters with both compassion and strength. As an experienced criminal defense attorney with a background in Guardian ad Litem work, Lili understands the complexity of these cases, where relationships, communication, and intent often collide. She ensures that her clients are heard, their stories are understood, and their rights are fully protected.
Defending Against a Stalking Charge
No two cases look the same. Many stalking accusations arise from miscommunication, strained relationships, or genuine misunderstandings.Our attorneys dig into the details, reviewing messages, timelines, witness statements, and police reports, to find what others might overlook.
We focus on:
Whether there was actual intent to cause fear
The context of communication or contact
The credibility of the evidence and the alleged fear
Whether the conduct was truly threatening or simply unwanted
Our goal is to bring balance and perspective back into the process, and to protect your future from a single allegation that could change everything.
Local Insight Matters
Battlefield Law Group is located in Manassas, just steps from the Prince William County Courthouse, and our attorneys appear daily in Fairfax, Loudoun, Alexandria, Culpeper, and surrounding counties. Every jurisdiction handles stalking and protective order cases a little differently. Our familiarity with local judges, prosecutors, and court procedures gives our clients an important advantage.
