Stalking Injunction

Stalking is when someone intentionally, maliciously, and repeatedly follows, harasses or cyberstalks you.  To get an injunction for stalking, you have to do the following:

  • Allege and prove at least two separate instances of stalking.
    • “Stalking” means willful, malicious, and repeated following, harassing, or cyberstalking.
    • “Harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.  In general, contact is “legitimate” when there is a reason for the contact other than to harass the victim.  Also, when the court determines whether “substantial emotional distress” has been established, it must use a reasonable person standard – not a subjective one.  In other words, even if you felt substantially emotionally distressed, it would not be enough if a “reasonable person” would not have felt substantially emotionally distressed by the action.
    • “Cyberstalking” is a series of events that communicate words or images through e-mail or other electronic means and causes you substantial emotional distress.

Sending unwanted flowers or non-threatening letters or cards are not sufficient to constitute stalking.  Destroying property or harming family pets are examples of what probably would qualify.

To obtain or fight a stalking injunction, there are several steps you need to take.

Learn more about this statute here.