Stalking Civil Protection Orders by State

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1 Alabama (2010); (2010) Civil Protection Victims of abuse (including victims of stalking and harassment) provided there is an eligible relationship with the respondent; a minor or physicially/mentally incapacitated person (by any adult relative, household member, guardian, or custodian. The occurrence of one or more acts, attempts, or threats of abuse (includes stalking and/or harassment) between victim and abuser, provided there is an eligible relationship. Alaska (2006); (2006) Stalking Protection Arizona (2011) Injunction Against Harassment A person who reasonably believes that they are a victim of stalking that is not a crime involving domestic violence. A parent or guardian can petition on behalf of a minor. A person; a parent or legal guardian or person who has legal custody on behalf of a minor; a third party on behalf of a person temporarily or permanently unable to request an injunction. California (2014) Temporary Restraining A person who has suffered harassment. A minor under the age of 12 and Injunction Prohibiting Harassment; Cal accompanied by a duly appointed and acting guardian ad litum shall be Pen Code Stalking; Issuance of Emergency permitted to appear in court for limited purpose of requesting or opposing a Protection on Request of Police Officer request for temporary restraining order and/or injunction; a judicial officer may issue an ex parte emergency protective order if a peace officer asserts reasonable grounds to believe that a person is in immediate and present danger of stalking based upon the person's allegation that he or she has been willfully, maliciously, and repeatedly followed or harassed by another person who has made a credible threat with the intent of placing the person who is the target of the threat in reasonable fear for his or her safety, or the safety of his or her immediate family. Respondent has committed stalking against the petitioner, regardless of whether the respondent appears at the hearing. A specific statement showing events and dates of the acts consitituting the harassment, includes any evidence of harassment by electronic contact or communication. A declaration, to the satisfaction of the court, that shows reasonable proof of harassment of the petitioner by the respondent, and that great or irreparable harm would result to the petitioner; A peace officer may request an emergency protective order for stalking; the police office drafts and signs the order. Connecticut 46b 15 (2013) Relief from Physical Any family or household member who has been subjected to a continuous Abuse, Stalking or Pattern of Threatening by Family threat of present physical pain or physical injury, stalking or a pattern of or Household Member threatening. Affidavit made under oath which includes a brief statement of the conditions from which relief is sought.

2 Colorado Civil Protection Victims of assault and threatened bodily harm; victims of domestic abuse; An imminent danger exists to the person(s) seeking protection. In victims of emotional abuse of the elderly or at risk adults; victims of stalking. determining whether an imminent danger exists to the life or health of one or more persons, the court shall consider when the most recent incident of abuse or threat of harm occurred as well as other relevant evidence concerning the safety and protection of the persons seeking the protection order. However, the court shall not deny a petitioner the relief requested solely because of a lapse of time between an act of abuse or threat of harm and filing of the petition for a protection order. Delaware 1041 Protection from Abuse (2011) Any person on their own behalf or on behalf of a minor child or an adult who is impaired; Division of Child Protective Services; Division of Adult Protective Services. Stalking (i.e. abuse) was committed by a family member, former spouse, persons cohabitating together who are holding themselves out as a couple, with or without a child in common, persons living separate and apart with a child in common, or persons in a current or former substantive dating relationship. District of Columbia (2009) Petition for Civil Protection Any person on their own behalf; if peititoner is a minor, the petitioner's parent/guardian/custodian may file; a minor who is at least 16 may file on her own behalf; a minor who is at least 12 but less than 16 and a victim of intimate partner violence may file on her own behalf. Respondent has comitted or threatened to commit one or more criminal offenses against the petitioner. Florida (2012) Injunction for Protection Against Stalking Georgia (1999) Restraining /Protective A person who is the victim of stalking or the parent/guardian of a minor child who is living at home who seeks an injunction for protection against stalking on behalf of the minor child. A person who is not a minor who alleges stalking by another person; a person who is not a minor may seek relief on behalf of a minor. Sworn petition alleging existence of stalking, including specific facts and circumstances for which relief is sought. Verified petition in which the petitioner alleges the specific facts that probable cause exists to establish that stalking by the respondent has occurred in the past and may occur in the future.

3 Any person who has been subjected to harassment may file. Hawaii (2012) Enjoin and Temporarily Restrain Harassment Petition in writing alleging that a past act or acts of harassment may have occurred or that threats of harassment make it probable that acts of harassment may be imminent; accompanied by a sworn affidavit stating the specific facts and circumstances for which relief is sought. Illinois 740 ILCS 21/80 (2010) Stalking No Contact A person who has been a victim of stalking, or by a person on behalf of a minor child or an adult who is a victim of stalking but, because of age, disability, health, or inaccessibility, cannot file the petition. Petitioner must show that they have been a victim of stalking by filing a sworn petition with the court. Indiana (2002) Petition for an of Protection A person who is or has been a victim of domestic/family violence may file a petition for an order of protection against a person who has committed stalking; a parent/guardian may file a petition for an order of protection on behalf of a child against a person who has committed stalking. Petitioner must show that they have been a victim of domestic/family violence by filing a sworn petition with the court. Kansas 60 31a01 Protection from Stalking Louisiana 46:2131 (1982) Civil Protection Maine 19 A.M.R.S (2011) Protection from Abuse Any person who is a victim of stalking. A parent or adult residing with a minor child may seek relief on behalf of the minor child. Any adult alleging domestic abuse. Any parent, adult household member, or district attorney may seek relief on behalf of any minor child or any person alleged to be incompetent. Domestic abuse includes stalking. An adult who has been a victim of stalking or sexual assault, whether or not the conduct was perpetrated by a family or household member or dating partner. Person must file a verified petition which must include the name of the stalking victim, the name of the defendant, the dates the stalking occurred, and the acts that occurred. Must file petition with the court alleging abuse. Petition must include the facts and circumtsances of the alleged abuse, the relationship between each petitioner, and the name if each peitioner. Petitioner must file a complaint alleging the conduct without regard to whether criminal prosecution has occurred. When a minor has been a victim of such conduct, the minor's parent, or other person responsible for the minor may file petition.

4 Maryland (2012) Peace A person who has been a victim of stalking or harassment. Petition filed under oath which includes the nature and extent of the act specified for which relief is being sought, including information concerning previous harm or injury resulting from an act specified in the petition, each previous and pending action between the parties in any court, and the whereabouts of the respondent. Massachusetts 258E 3 (2013) Harrassment Protection A person who is the victim of harassment where the offender has committed at least three (3) or more malicious and willful acts. If an intimate relationship exits or the petitioner qualifies under domestic violence, he/she can file for an Abuse Prevention. Petition alleging the harassment. Michigan a (2010) Personal Protection A person who is a victim of stalking. A court will not issue a protection order if: the respondent is the unemancipated minor child of the petitioner; the petitioner is the unemancipated minor child of the respondent; or the respondent is a minor child less than 10 years of age. Sworn petition including facts alleging stalking. Minnesota (2013) Harassment Restraining A person who is a victim of harassment. A parent, guardian or stepparent of a minor my seek a restraining order on behalf of the minor. Petition must allege facts sufficient to show the name of the victim, name of the respondent, and that the respondent engaged in harassment. Must also state whether there has been a pervious restraining order. Missouri (2009) Protective A person who is a victim of stalking. A person filing on behalf of a child. A sworn petition alleging stalking. Must be proven by a preponderance of the evidence.

5 Mississippi (2009) Protection A person who is a victim to abuse. Under , Abuse is defined as: the A petition must be filed in any of the following courts: municipal, occurrence of one or more of the following acts between spouses, former justice, county, or chancery. A chancery court shall not prohibit spouses, persons living as spouses or who formerly lived as spouses, persons the filing of a petition which does not seek emergency relief on the having a child or children in common, other individuals related by basis that the peitioner did not first seek or obtain temporary releif consanguinity or affinity who reside together or who formerly resided together in another court. or between individuals who have a current or former dating relationship: (i) attempting to cause or intentionally, knowingly or recklessly causing bodily injury or serious bodily injury with or without a deadly weapon; (ii) placing, by physical menace or threat, another in fear of imminent serious bodily injury; (iii) criminal sexual conduct committed against a minor; (iv) stalking; (v) cyberstalking; (vi) sexual offenses. Any parent, adult household member, or next friend of the abused person may seek a domestic abuse protection order on behalf of any minor children or any person alleged to be incompetent by filing a petition with the court alleging abuse by the respondent. Montana of Protection A person who is a victim of stalking. A parent, guardian ad litem, or other representative of the petitioner may file for an order of protection on behalf of a minor petitioner. For a TRO: A sworn petition that states that the petitioner is in reasonable apprehension of bodily injury and is in danger of harm if the court does not issue a temporary order of protection immediately. For Protection : petition alleging stalking. Nebraska (2012) Harassment Protection Nevada (2007) Temporary or Extended Any victim who has been harassed. A person who reasonably believes that the crime of stalking, aggravated stalking, or harassment is being committed against him or her by another person. A petition stating the events and dates of the harassing acts and a sworn affidavit. A peititon filed with a court of competent jurisdiction stating specific facts and circumstances of stalking or harassment.

6 A petitioner who is a victim of abuse by a family or household member or by a current or former sexual or intimate partner, where such conduct is determined to constitute a credible threat to the petitioner's safety. New Hampshire 173 B:1 (2011) Civil Protective The court may consider evidence of ats of abuse, regardless of their proximity in time to the filing of the petition, which in combination with recent conduct, reflects an ongoing pattern of behavior which reasonably causes or has caused the petitioner to fear for his or her safety or well being. New Jersey 2C:25 28 Temporary Restraining for Domestic Violence; 2C: Temporary Restraining for Alleged Stalking; Certain Victims; Conditions Temporary Restraining for Domestic Violence includes a victim of stalking. Temporary Restraining for Alleged Stalking: where victim is a child under the age of 18 years or is developmentally disabled or where the victim is 18 years of age or older and has a mental disease or defect which renders the victim temporarily or permanently incapable of understanding the nature of his conduct, including, but not limited to, being incapable of providing consent, the court may issue a temporary restraining order against the defendant which limits the contact of the defendant and the victim. The parents of a minor or a victim who developmentally disabled or has a mental disease may file a petition on behalf. Sworn testimony or a complaint of domestic violence. New Mexico (2008) Petition for of Protection A victim of domestic abuse may petition the court under the Family Violence Protection Act for an order of protection. Petition made under oath or accompanied by a sworn affidavit setting out specific facts showing the alleged domestic abuse. Petition shall also state whether any other domestic action is pending between the petitioner and the respondent.

7 New York 821 (2011) Civil Protection Any person who is related to the respondent as a spouse, former spouse, The petition must contain the following: (a) an allegation that the parent, child, or other member of the same family or household. respondent assaulted or attempted to assault his or her spouse, or former spouse, parent, child, or other member of the same family or household or engaged in disorderly conduct, harassment, sexual misconduct, forcible touching, sexual abuse in the third degree, sexual abuse in the second degree, stalking, criminal mischief, menacing, reckless endangerment, criminal obstruction or breathing or blood circulation or strangulation toward any such person; (b) The relationship of the alleged offender to the petitioner; (c) the name of each and every child in the family or household and the relationhsip of the child, if any, to the petitioner and the respondent; (d) a request for an order of protection or the use of the court's conciliation procedures; and (e) an allegation as to whether any accusatory instrument alleging an act specified in paragraph (a) of this subdivision has been verified with respect to the same alleged act in the petition. North Carolina 50C 1 (2009) Civil No Contact A person who is a victim of unlawful conduct (stalking or nonconsensual sexual conduct) by someone with whom they are not in a personal relationship, or a competent adult on their behalf Petitioner must file a verified complaint showing that she/he has suffered unlawful conduct by the respondent, i.e. stalking or nonconsunsual sexual conduct.

8 A person may seek relief for the person, or any parent or adult household member may seek relief on behalf of any other family or household member by filing a petition. Ohio (2010) Petition for Protection Oklahoma (2010) Civil Protective Victim of domestic abuse, stalking, harassment, rape including minors age 16 to 17 independently; any adult or emanicpated household member on behalf of family or household member who is not a minor or is incompetent. Petition shall contain the following: (1) an allegation that the respondent is 18 years of age or older and engaged in menacing by stalking against the person to be protected or committed a sexually oriented offense against the person to be protected, including a description of the nature and extent of the violation; (2) if the petitioner seeks relief in the form of electronic monitoring of the respondent, an allegation that at any time preceding the filing of the petition the respondent engaged in conduct that would cause a reasonable person to believe that the health, welfare, or safety of the person to be protected was at risk, a descritpion of the nature and extent of that conduct, and an allegation that the respondent presents a continuing danger to the person to be protected. If the person seeking relief is a victim of stalking but is not a family or household member or an individual who is or has been in a dating relationship with the defendant, the person seeking relief must file a complaint against the defendant with the proper law enforcement agency before filing a petition for a protective order. Oregon (2011) Stalking Protective A person alleging that respondent has committed stalking. Court must find by a preponderence of the evidence that the person intentionally, knowingly or recklessly enages in repeated and unwanted contact with the other person or a member of that person's immediate family or household thereby alarming or coercing the other person; it is objectively reasonable for a person in the victim's situation to have been alarmed or coerced by the contact; and the repeated and unwanted contact causes the victim reasonable apprehension regarding the personal safety of the victim or a member of the victim's immediate family or household.

9 Pennsylvania 6108 Protection from Abuse Any person who is a victim of abuse. Definition of abuse includes stalking: Petition must be filed in court alleging abuse by the defendant. knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority, under circumstances which place the person in reasonable fear of bodily injury. Must be acts between family or household members, sexual or intimate partners or persons who share biological parenthood. An adult or an emancipated minor may seek relief for that person, or any parent, adult household member, or guardian at litem may seek relief on behalf of minor children, or a guardian of the person of an adult who has been declared incompetent may seek relief on behalf of the incompetent adult. Puerto Rico 33 L.P.R.A. 4015a Stalking Restraining ; Title 8 L.P.R.A. 621 Protection from Domestic Abuse (Civil Protection ) Any person who has been the victim of stalking or other conduct that consitutes a crime under Puerto Rico law. If a person is a victim of domestic violence and in a relationship that person can file for a Civil Protection. A verbal or written petition can be filed with the court, through legal counsel, or through law enforcement. No prior reports or accusations are necessary. Rhode Island (2006) Civil Protection South Carolina (2006) Restraining Against Harassment or Stalking A person suffering from stalking by a present or former family member, parent, stepparent, or persons who are or have been in a substantive dating or engagement relationship within the past one year in which at least one of the persons is a minor. A victim of harassment or stalking. Petitioner must show that respondendt committed one or more acts of stalking. Petitioner must show that the respondent engaged in harassment or stalking; the time, place, and manner of the acts complained of, and other facts and circumstances upon which relief is sought. South Dakota 22 19A 8 (2006) Petition for Protection A victim of stalking, physical injury as a result of an assault, or a crime of violence. The petition must allege the existence of stalking or physical injury as a result of an assault or a crime of violence and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances of the stalking or the physical injury as a result of an assault or crime of violence.

10 Tennessee (2007) Civil Protective Any victim (regardless of the relationship with the perpetrator) who has been Petitioner must show that he/she was subjected to, threatened subjected to, threatened with, or placed in fear of stalking (minor petitioners with, or placed in fear of stalking (regardless of the relationship must have parent/guardian's signature). with the perpetrator); a sworn petition alleging domestic abuse, stalking, or sexual assault by the respondent. Texas (2013) Magistrate's for Emergency Protection Utah 77 3a 101 (2012) Civil Stalking Injunction At a defendant's appearance before a magistrate after arrest for an offense involving family violence or an offense under Section , , or , Penal Code, the magistrate may issue an order for emergency protection on the magistrate's own motion or on the request of: (1) the victim of the offense; (2) the guardian of the victim; (3) a peace officer; or (4) the attorney representing the state. Any person who believes he or she is a victim of stalking. A minor with his or her parent/guardian may file a petition on his or her own behalf, or a parent, guardian, or custodian may file a petition on the minor's behalf. The magistrate shall issue an order for emergency protection if the arrest is for an offense that also involves: (1) serious bodily injury to the victim; or (2) the use or exhibition of a deadly weapon during the commission of an assault. The petition shall include the name of the petitioner (address may be protected); the name and address of the respondent if known; specific events and dates of the actions constituting the alleged stalking; if there is a prior court order concerning the same conduct; the name of the court in which the order was rendered; and corroborating evidence of stalking, which may be in the form of a police report, affidavit, record, statement, item, letter, or any other evidence which tends to prove the allegation of stalking. Vermont 5131 Civil Protective (2007) Virgin Islands 16 V.I.C. 96a (2013) Domestic Violence Complaint; 16 V.I.C. 98 (2013) Emergency Restraining ; 5 V.I.C. 583 Uniform Interstate Enforcement of Domestic Violence Protection s A person other than a family or household member, on behalf of self or his or her children. A victim of domestic violence, including stalking and/or harassment, can file a complaint with the Family Division of the Superior Court. A victim with a Forgeign Protection can seek enforcement of its terms under Title The victim shall have the burden of proving by a preponderance of the evidence that the defendant stalked. The complaint shall state the allegations of the domestic abuse.

11 Virginia Civil Protective (2012) Court may issue a protective order to protect the health and safety of the For a preliminary Protection : the filing of a petition alleging petitioner and family or household members of a petitioner upon (i) the that (i) the petitioner is or has been, within a reasonable period of issuance of a petition or warrant for, or a conviction of, any criminal offense time, subjected to an act of violence, force, or threat, or (ii) a resulting from the commission of an act of violence, force or htreat or (ii) a petition or warrant has been issued for the arrest of the alleged hearing held pursuant to subsection D of perpetrator for any criminal offense resulting from the commission of an act of violence, force, or threat. Washington Stalking Protection Any person who has been found by the perponderance of the evidence to be a victim of stalking. Petitioner shall not be denied a protection order because the petitioner or the respondent is a minor or because the petitioner did not report the stalking conduct to law enforcement. A petition shall allege the existence of stalking conduct and shall be accompanied by an affidavit made under oath stating the specific reasons that have caused the petitioner to become reasonably fearful that the respondent intends to injure the petitioner or another person, or the petitioner's property or the property of another. The petition shall disclose the existence of any other litigation or of any other restraining, protection, or nocontact orders between the parties. A petition for relief shall be filed as a separate, stand alone civil case and a petition for relief may be made regardless of whether or not there is a pending lawsuit, complaint, petition, or other action between the parties. West Virginia Domestic Violence Protection Any person who is a victim of domestic violence or abuse: creating fear of A verified petition filed in the magistrate court. physical harm by harassment, stalking, psychological abuse or threatening acts. A petiton may be filed by either: a person seeking relief under this article for herself or himself; an adult family or household member for the protection of the victim or for any family or household member who is a minor child or physically or mentally incapacitated to the extent that he or she cannot file on his or her own behalf; or a person who reported or was a witness to domestic violence and who, as a result, has been abused, threatened, harassed or who has been the subject of other actions intended to intimidate the person.

12 A person who is a victim of harassment. Harassment means any of the following: striking, shoving, kicking or otherwise subjecting another person to physical contact; engaging in an act that would constitute abuse under s (1), sexual assault under s , or stalking under s ; or attempting or threatening to do the same; engaging in a course of conduct or repeatedly committing acts which harass or intimidate another person and which serve no legitimate purpose. Wisconsin Harassment Restraining s A petition must be filed and shall allege facts sufficient to show the following: (1) the name of the person who is the alleged victim, (2) the name of the respondent, and (3) that the respondent has engaged in harassment with intent to harass or intimidate the petitioner. If the petitioner knows of any other court proceeding in which the petitioner is a person affected by a court order or judgment that includes provisions regarding contact with the respondent, any of the following that are known by the petitioner: (a) the name or type of the court proceeding, (b) the date of the court proceeding, (3) the type of provisions regarding contact between the petitioner and respondent. Wyoming Stalking of Protection A victim of stalking as defined by W.S or the district attorney on behalf of the victim. The petition shall be accompanied or supplemented by one (1) or more sworn affidavits setting out specific facts showing the alleged stalking and the identity of the alleged stalker. *The following states/u.s. Territories do not currently offer civil orders of protection for victims of stalking: American Samoa, Arkansas, Guam, Idaho, Iowa, Kentucky, North Dakota, and the Northern Mariana Islands. If you would like further information on orders of protection in your state or territory, please visit If you would like to review your state s stalking law, please visit programs/stalking resource center/stalking laws. Chart updated June Please notify the Stalking Resource Center at src@ncvc.org for any additions or corrections to this chart. This project was supported by Grant No TA AX K017 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

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