Has Someone:

·       Injured you?

·       Committed a crime against you (including sexual assault or domestic violence), your pets, or your property?

·       Sent you threatening letters, e-mails or cards?

·       Followed you, watched you, or waited for you?

·       Threatened you by phone or in person?

·       Made you afraid for your physical safety?

If you answered yes to any of the above questions, you may be the victim of Stalking.

·       Did the Stalker know you wanted to be left alone?

·       Have there been two or more unwanted contacts in the past two years?

·       Did the unwanted contact reasonably alarm or coerce you?

·       Has the unwanted contact caused you reasonable fear for your physical safety?

·       Are you in fear of future stalking incidents occurring?

 

   WHAT CAN YOU DO IF YOU ARE A VICTIM OF STALKING?

If you (or a member of your immediate family or household) are a victim of stalking, you may want to consider the following:

 

    1)    You can report the stalking behavior to the police.  The police may write a report and refer it to the district attorney for possible criminal charges against the stalker.

 

    2)    You can apply for a stalking protective order.  A stalking protective order will order the stalker to stop stalking you and/or a member of your family or household.

 

    3)    You may also qualify for a restraining order if you have a certain relationship with the stalker.

 

    4)    You may be eligible to receive compensation for damages.  If you are interested in seeking money damages from the stalker, you should consult an attorney as soon as possible, to be sure you are informed about any applicable statutes of limitations.

 

WHO CAN GET A STALKING ORDER?

·       You can get a stalking order against anyone who has stalked you, or against anyone who has stalked a member of your immediate family or household.

·       There is no particular relationship required between the stalker and the victim.

·       A person in the custody of law enforcement or corrections may not get a stalking order.

·       A stalking order may not be issued against a law enforcement or corrections officer acting officially.

·       Stalking protective orders are free in most cases.

 

HOW DO I GET A STALKING ORDER?

There are two ways to get a stalking order. One way is to apply for an order through the police or sheriff’s department. The other way is to apply through the Court.

 

POLICE OR SHERIFF ROUTE:

 

·    Go to your local police agency to file a stalking complaint.

·    If the police find that there is “probable cause” to believe that stalking has occurred, a stalking citation (ticket) will be issued. The stalking citation is not a stalking order.

·    The citation will require you and the Respondent (stalker) to appear in court for a temporary stalking order hearing within three days.

 

Temporary Hearing: At the first hearing, you should be prepared to present brief evidence to tell the Judge why you want the stalking order for your protection. It is a good idea to bring witnesses to this hearing if you can.  Both you and  the Respondent will have a chance to present evidence. At this hearing, the Judge may:

·    Issue a temporary stalking order and set another date for a permanent stalking order hearing; or

·    Deny your request for a stalking order.

·    Important:  The law enforcement officer who issued your citation will not automatically appear at the temporary hearing.  Talk to the officer to ensure s/he will be there.

 

Permanent Hearing:  At this hearing, the judge will hear more complete evidence on the issue of whether the temporary stalking order should be made permanent.

·    Both you and the stalker must appear at this hearing. If you do not appear, your order could be dismissed.

·    At this hearing, you should be ready to give your own testimony, call witnesses, and present any evidence you have to prove that the stalker has stalked you.

 

COURT PETITION ROUTE:

In some counties, there are stalking forms available at the Courthouse. In other counties, there are no forms provided and  you will need an attorney in order to use the court procedure to get a stalking order.

·         If the court stalking procedure is available in your county, you may file a stalking petition at the Courthouse without an attorney. You may pick up a packet at the Clerk’s window in the Courthouse. In some counties, forms are also available at the Victim’s Assistance Office or at the local domestic/sexual violence program.

·         Help may be available for filling out stalking paperwork.

·         Submit your paperwork at the Courthouse, and you should be informed of a Temporary (Ex Parte) hearing.

 

Temporary (Ex Parte) Hearing: This is a brief hearing in front of the Judge. At this hearing, you and others applying for a stalking or restraining order will wait for the Judge to review your paperwork. The Judge may ask you some questions before deciding whether to give you the temporary stalking order. The Respondent (stalker) does not receive notice of this hearing and is usually not present. The Judge will:

·  Issue a temporary stalking order and set another date for a permanent stalking order hearing; or

·  Deny your request for a stalking order.

 

        Permanent Hearing: At this hearing, the judge will hear more complete evidence on the issue of whether the temporary stalking order should be made permanent.

·    Both you and the stalker must appear at this hearing. If you do not appear, your order could be dismissed.

·    At this hearing, you should be ready to give your own testimony, call witnesses, and present other evidence.

 

WHAT DO YOU NEED TO KNOW ABOUT THE PERMANENT HEARING?

·  It is best to be represented by an attorney at the hearing.

·  At the hearing, it is best to have witnesses to the stalking to testify on your behalf.

·  Bring any evidence you have of the stalking, such as tape  recordings of threatening phone messages, or threatening letters.

·  In some cases, the Judge can order that the Stalker submit to a mental health evaluation. If you have asked the Court to order an evaluation, you should present evidence of the stalker’s mental instability.

ONCE YOU GET A STALKING ORDER,

HOW IS IT ENFORCED?

ü     You may be entitled to request a landlord to change the locks on a home if necessary for your safety.

ü     You may be entitled to a release from a rental agreement if moving will protect your safety.

ü     You may qualify for temporary assistance for domestic violence survivors (TA-DVS) from the state.

ü     Contact an attorney or an advocate for more help and information: