Stalking in general is a real problem. I believe that punishment should be much harsher for the stalker if their victim is a family member. Due to the fact that this family member is in a position of knowing and having access to more information about their victim. Having known them for the duration of their life. It would be easy to establish a timeline of evidence that this family member has abused their victim for quite some time before stalking occurs. People who stalk don't wake up one day and do it out of boredom. They do it because they have a mental disorder. Once abuse subsides on a victim of domestic abuse due to the victim removing themselves from the situation their abuser will go to any length to continue to harass their victim. The worst is when they solicit other family members, friends, and neighbors to all go along with it. They will say things to the victim like "y are you doing this to ___?" Or "you are just paranoid, you need mental help" There is nothing okay with invading someone's private life, harassing, manipulating, or victimization of any kind towards another person. Harsher punishments! For all parties involved.
In a sense, stalking is just subjective. As it is unwanted or obsessive attention by an individual or group toward another person. Because stalking is determined by the opinion of the pursued, the pursuit alone is not illegal.
Example: Person A devotes their lives to person B attention. If your person A, are you doing anything wrong? No, in fact, a love relationship is based on that kind of devotion. The key difference is, person B. If person be accepts, shares, or otherwise wants the devotion, everything is fine, but if person B does not want the devotion of person A, it is considered stalking.
Sure, person B may tell person A they don't want their attention but person A may feel person B may change their mind as some do or that person B is just playing hard to get. Seeing that both are possible and have been the case before, person A would be justified in his pursuit. About the only way person A would know it is wrong is if they knew what was in person B's heart. Because they may never know for sure, they could still believe that their pursuit is wanted. I would expect many stalkers may not be able to accept that their attention is not wanted. For these reasons, stalking it'self should not be punishable.
What should be punished is illegal actions as a result of the attention. For instance, if they break a restraining order or other crimes in the process of their pursuit or capture. For instance if they trespass, assault, threaten assault, or other crimes. It should be these crimes alone that are punished as there should not be a law against pursuing someone you love, just laws against how you can pursue that person.