Rechtliche Möglichkeiten des Handelns

Was bedeutet dies für die Opfer in der Praxis?

 Die Anzeige
Gehen Sie achtsam mit sich um und erkennen Sie an, wenn Ihnen das Nachstellen zu viel wird. Sagen Sie deutlich STOPP.
Wenn der Stalker dies nicht ernst nimmt, dann gehen Sie unverzüglich zur Polizei und erstatten Sie Anzeige gegen die Person oder gegen Unbekannt. Das ist im Falle des Stalkings Ihr gutes Recht. Lassen Sie Selbstzweifel nicht zu. Der Täter ist ein anderer.

Vorbereitung ist 50% des Erfolges. Das gilt auch bei der Anzeige eines Stalkers. Bereiten Sie sich daher gut auf das Gespräch vor – mental und inhaltlich. Bringen Sie so viel Beweismaterial mit, wie Ihnen möglich ist – Protokolle und Aufzeichnungen über Anrufe, Besuche, Aufdringlichkeiten,… Wichtig ist dabei, dass die Dauer, die Häufigkeit und möglichst auch die Intensität der Nachstellungen belegt werden können. Machen Sie also rechtzeitig Anrufaufnahmen, Fotos und führen Sie ein Tagebuch über die Stalking-Handlungen. Beachten Sie auch das Kapitel „Alle Beweise sichern“.

Bestehen Sie darauf, dass die Anzeige zu Protokoll genommen wird und damit nachweislich aktenkundig ist. Lassen Sie sich von der Polizei nicht überreden „erst noch einmal abzuwarten“ oder sich gar abweisen. In begründeten Fällen muss die Polizei auch präventiv tätig werden. Es muss also nicht erst etwas passieren.

Wenn Sie unsicher sind, dann klären Sie vorher, mit einem dafür geeigneten Rechtsbeistand die möglichen einzelnen Strafbestände.

Der Rechtsanwalt
Achten Sie darauf, dass Sie sich an einen Anwalt wenden, der sich auf das Thema  Stalking spezialisiert hat und der schon nachweisliche Erfolge vorzuweisen hat.

Wenn Sie eine Rechtsschutzversicherung haben, dann klären Sie zuvor, dass diese – außer dem Selbstbehalt – die Kosten für die Beratung übernimmt. Mit einem kompetenten Rechtsanwalt an Ihrer Seite haben Sie nicht nur das gute Gefühl „nicht allein zu sein“ , sondern auch das gute Gefühl „rechtzeitig etwas unternommen“ zu haben.

Wenn Sie lange damit gezögert haben, sich an einen Anwalt zu wenden, dann ist es meist nie zu spät dafür. Lieber JETZT als später oder gar nicht. Die Ausgaben für den Rechtsanwalt lohnen sich in den meisten Fällen, da ein konsequentes rechtliches Vorgehen gute Voraussetzungen schafft, dem Stalking ein Ende zu setzen und die bisherige Lebensqualität wieder zurück zu gewinnen.

 

STOPP sagen
Wenn das eigene STOPP-sagen nicht ausreicht, dann gibt es auch die Möglichkeiten der Schutzanordnung (§ 890 ZPO), der Einstweiligen Verfügung (§§ 935 ff. ZPO) und des Unterlassungsanspruchs (§ 1004 BGB).

In manchen Fällen hilft bereits ein Schreiben eines Anwaltes an den Täter, in dem er zur Unterlassung der Stalking-Handlungen aufgefordert wird. Je konkreter, desto besser. Gleichzeitig wird eine Unterlassungsklage angedroht, falls der Stalker seine Handlungen nicht einstellen sollte.

Achten Sie auf Zeugen, stabile Zeugen, denn wenn es zu einem Prozess kommt und wenn schriftliche Versicherungen nicht ausreichen, dann müssen die Aussagen eidesstattlich erklärt werden. Ziel des Prozesses ist es, dass sich der Stalker Ihnen nicht mehr nähern darf und seine Handlungen einstellen muss, ansonsten droht ihm Strafe.

Sollte der Stalker immer noch keine Ruhe geben, dann können Sie sich – nach einem Rechtsspruch zu Ihren Gunsten – an die  Polizei wenden, damit diese den Urteilsspruch durchsetzt.

Bitte lesen Sie auch die einzelnen Hinweise im Kapitel „Was tun?“.

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