What is stalking?
Can I get a restraining order based on stalking?
What is cyberstalking?
Where can I get additional information?
What is stalking?
The crime of
stalking may be defined differently depending on the criminal laws of your state. Often times, stalking involves repeated acts that would cause a reasonable person to fear for his/her safety - some states also consider you to be stalked if the behavior makes you fear for the safety of your family members. It's possible that the stalker's actions in and of themselves may not be illegal, such as someone showing up at your workplace, leaving a package for you on your doorstep, or calling you multiple times, but if the combination of these acts forms a pattern of behavior that is intended to cause you fear, it may be considered stalking. You can find the definition for stalking in all states on our
State Statutes page - just enter your state in the drop-down menu and click on the criminal law section (often called Penal Code or Criminal Code) and search for a crime with "stalking" in the title.
Can I get a restraining order based on stalking?
In many states, you can file for a restraining order against anyone who has stalked or harassed you, even if you do not have a specific relationship with that person. In addition, most states include stalking as a reason to get a domestic violence restraining order. Please check the
Restraining Order pages for your state on to find out if your state has one.
Even if your state does not have a specific restraining order for stalking, you may be able to get one from the criminal court if the stalker is arrested. Since stalking is a crime, the police may arrest someone who has been stalking or harassing you. Generally, it is a good idea to keep track of any contact a stalker has with you. You may want to keep track of any phone calls, drive-bys, text messages, or emails (print out what you can, with headers including date and time if possible) or anything the stalker does that harasses you or makes you afraid. The Stalking Resource Center has a
stalking incident log that you may wish you use to record this information.
With our without a restraining order, there are things you can do to try to stay safe. Go to our
Safety Tips for Stalking Victims page for more information.
What is cyberstalking?
Cyberstalking is term that generally refers to using the Internet to stalk and harass someone. It can also be a crime.
If you have been stalked or harassed by email, MySpace, Facebook, or any other way using the Internet, it may be important to print out and save the Internet posts or emails to take to local law enforcement. Depending on various factors, the FBI may also be able to help you if you have been stalked through the Internet. You can look up your state's field office at
www.fbi.gov/contact/fo/fo.htm.
If someone has opened up an account or posted something online in your name, this may be identity theft (depending on the details of your situation), which can also be a crime. Read more on WomensLaw.org about
Internet Security and
Safety with Social Media. For more information on cyberstalking and technology safety, go the technology safety page of
Safety Net, a project of the National Network to End Domestic Violence.
Where can I get additional information?
Here are a couple of resources you may want to look into:
- Safety Net, a project of the National Network to End Domestic Violence, specializes in technology safety.
- You may also want contact someone at the National Center for Victims of Crime's Stalking Resource Center at 1-800-FYI-CALL or gethelp@ncvc.org. The Stalking Resource Center also has information on their website about stalking and cyberstalking, as well as safety tips and resources.
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