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Can Your Spouse Be Charged with Stalking

Pressing charges can deter a stalker, but what if that stalker is your spouse? Can a spouse be charged with stalking? The answer is YES—stalking is illegal in most countries, even within a marriage. Below, we’ll take a look at what stalking involves and explain whether your spouse can be charged for stalking you. But if your spouse is stalking you, they might install spyware on your phone. Install Clario Anti Spy to scan and secure your device.

Table of contents

What counts as stalking?

Stalking includes a wide range of behaviors that instill fear, anxiety, or emotional distress. Unlike an isolated incident of unwanted attention, stalking shows a pattern of repeated intrusive actions, including:

  • Persistent unwanted communication through calls, texts, emails, social media interactions
  • Following or appearing at your locations, including your work, home, and social events
  • Direct threats, implication of harm, and intimidation
  • Surveillance or monitoring using GPS, spyware, or tracking software

If you’re concerned that your spouse is monitoring you with tracking software or spyware, Clario Anti Spy’s Spyware Scan feature can help.

 

To use Clario Anti Spy’s Spyware Scan:

  1. Download Clario Anti Spy on your desktop and create an account.
  2. Connect your phone to your Mac, then press Mobile scan > Scan my phone.
  3. Follow the step-by-step instructions that Clario Anti Spy provides to remove the spyware and secure your device.
A screenshot of Clario Anti Spy on a Mac, showing how Clario Anti Spy can remove spyware and help you while you work out if your spouse can be charged with stalking.
Steps 1-3: Download Clario Anti Spy, open the app, and sign in. Connect your phone to your laptop, then press Mobile scan > Scan my phone and follow the instructions.

Is it illegal for your spouse to stalk you?

Stalking is illegal in most places, including the US. While laws vary between countries and jurisdictions, stalking is almost always against the law—even if the stalker is your spouse. Just because you’re married, it doesn’t mean your rights and personal boundaries cease to exist.

 

In the U.S., stalking is illegal regardless of whether the perpetrator is a stranger or a spouse. Some states have special legal protections against spousal stalking to protect victims of domestic abuse. However, every state has its own laws with varying definitions and penalties.

 

If you notice any signs of stalking, it’s essential to reach out to law enforcement or legal professionals to understand your rights and the protective measures available to you. Your safety and peace of mind are crucial, and there are laws in place to support you.

Note

Stalkers are often highly narcissistic, showing obsessive behavior and not respecting your boundaries. If you’re concerned that your spouse might be this type of stalker, it’s important to learn the narcissistic stalking signs to find out for sure.

Is stalking a form of domestic abuse?

Yes, stalking is a recognized form of domestic abuse. Domestic abuse encompasses a range of behaviors that try to control, intimidate, or scare a partner or family member.

 

Stalking behaviors aren’t limited to following or intrusively communicating with a spouse. They also include monitoring, harassment, and threats, all of which cause fear. This psychological and emotional manipulation is a hallmark of domestic abuse, as is the impact stalking can have on your well-being, sense of security, and mental health.

Note

Stalkers are getting creative with how they track and monitor your location. Your spouse can now hide devices like AirTags on your person and track your location from their smartphone. Learn what to do if your spouse is stalking you with AirTag.

Can you sue your spouse for spying on you?

Yes, you can sue your spouse for spying on you. As mentioned, the legal system of many countries recognizes the severity of stalking in the context of domestic abuse. Many domestic violence statutes explicitly include stalking behaviors, ensuring that victims have a way to take legal action—including by suing the perpetrator.

 

However, the process and success of taking out a lawsuit against your spouse can depend on several things, including the laws where you live. This is why contacting a legal professional and getting expert advice before taking further action is important.

 

Here are some things to consider before suing your spouse for stalking you:

  • Civil lawsuits: You can file a civil lawsuit for damages resulting from the stalking. If you prove that the stalking caused emotional distress, invasion of privacy, or other damages, you may get financial compensation.
  • Protective orders: While it’s not exactly a lawsuit, getting a protective order or restraining order against your spouse is crucial. These require your spouse to cease contact and maintain a certain distance from you, protecting your privacy.
  • Documentation: If you decide to sue, you’ll need thorough documentation. Keep records of every stalking interaction, including messages, emails, and physical evidence. Learn how to tell if your spouse is spying on your phone and keep the evidence if they are—especially if you find evidence that they’re using spyware or spy apps against you.
  • Legal support: Consulting a lawyer who specializes in domestic abuse or personal injury is critical if you want to sue your spouse. They can help you understand your rights, the strength of your case, the process of a lawsuit, and your potential outcomes.
  • Criminal charges: The state may bring criminal charges against your spouse for stalking, as it’s a crime. If your spouse receives a criminal conviction, it might support your civil case and lead to more substantial protective measures.

Keep in mind that taking legal action against a spouse for stalking is going to be emotionally taxing. Making sure you have enough support, both legally and emotionally, is crucial.

Note

You might be wondering, are spy apps illegal? They are, but the use of surveillance software and spyware is skyrocketing—and it’s easy for your spouse to install it on your phone without you realizing it.

Conclusion

If you’re a victim of spousal stalking, regaining control of your life is the first step. Seek legal recourse, build a support network, and secure your digital devices. Taking proactive measures to reclaim your security will give you stronger peace of mind.

 

Use Clario Anti Spy as means of protection. It is a powerful cybersecurity solution that can detect and eliminate spyware and surveillance software.

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