Stalking Protection Order Matrix Revised 2015

National Center on Protection Orders and Full Faith & Credit 1901 North Fort Myer Drive, Suite 1011 Arlington, Virginia 22209 Toll Free: (800) 903-0111, prompt 2 Direct: (703) 312-7922 Fax: (703) 312-7966 Email: [email protected] Website: http://www.fullfaithandcredit.org

State statutes are constantly changing. Please independently verify the information found in this document. If you have a correction or update, please contact us at (800) 903-0111, prompt 2 or via email at [email protected].

This project is supported by Grant No. 2014-TA-AX-K046 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Justice, Office on Violence Against Women.

Compiled by the National Center on Protection Orders and Full Faith & Credit

TABLE OF CONTENTS

NOTE: For your convenience, hyperlinks are located on each state name in this Table of Contents. For faster access, please select the name of the state you would like to view.

ALABAMA ...... 3 MONTANA ...... 100 ALASKA ...... 5 NEBRASKA ...... 104 ARIZONA ...... 9 NEVADA ...... 112 ARKANSAS ...... 12 NEW HAMPSHIRE...... 114 CALIFORNIA ...... 15 NEW JERSEY ...... 120 COLORADO ...... 16 NEW MEXICO ...... 129 CONNECTICUT...... 21 NEW YORK ...... 133 DELAWARE ...... 23 NORTH CAROLINA ...... 142 DISTRICT OF COLUMBIA ...... 23 NORTH DAKOTA ...... 144 FLORIDA ...... 25 OHIO ...... 146 GEORGIA ...... 38 OKLAHOMA ...... 148 HAWAII ...... 42 OREGON ...... 151 IDAHO ...... 48 PENNSYLVANIA ...... 152 ILLINOIS ...... 48 RHODE ISLAND ...... 153 INDIANA ...... 52 SOUTH CAROLINA ...... 156 IOWA ...... 59 SOUTH DAKOTA ...... 157 KANSAS ...... 59 TENNESSEE ...... 159 KENTUCKY ...... 60 TEXAS ...... 163 LOUISIANA ...... 61 UTAH ...... 167 MAINE ...... 66 VERMONT...... 169 MARYLAND ...... 74 VIRGINIA ...... 170 MASSACHUSETTS ...... 78 WASHINGTON ...... 176 MICHIGAN ...... 84 WEST VIRGINIA ...... 186 MINNESOTA ...... 90 WISCONSIN ...... 188 MISSISSIPPI ...... 93 WYOMING ...... 191 MISSOURI ...... 98

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS ALABAMA Abuse Definition-Stalking Protection Order Protection Order Domestic violence in the first degree ALA. CODE Abuse. An act of domestic (a) The following persons have (c) The court may grant any of §30-5-7 violence committed against a standing to file a sworn the following relief in a final (a)…Domestic violence in the (LexisNexis 2014) victim, which is any of the petition for a protection order protection order or a first degree is a Class A felony, following: *** m. Stalking. under this chapter as a modification of a protection except that the defendant Stalking as defined under plaintiff: order after notice and a shall serve a minimum term of Ex parte protection order Sections 13A–6–90 to 13A–6– (1) A person who is at least 18 hearing, whether or not the imprisonment of one year or modification of 94, inclusive *. years old or is otherwise defendant appears: without consideration of protection order Ala. Code § 30-5-2 (1)(m) emancipated and is the victim (1) Grant the relief available in probation, parole, good time (2015). of abuse, as defined in Section subsection (b). credits, or any other reduction 30–5–2, or has reasonable (2) Specify arrangements for in time for any second or Stalking in the first degree cause to believe he or she is in visitation of any children by subsequent conviction under imminent danger of becoming the defendant on a basis that this subsection. (a) A person who intentionally the victim of any act of abuse. gives primary consideration to (b) The minimum term of and repeatedly follows or (2) A parent, legal guardian, the safety of the plaintiff or imprisonment imposed under harasses another person and next friend, or the State any children, or both, and subsection (a) shall be double who makes a threat, either Department of Human require supervision by a third without consideration of expressed or implied, with the Resources may petition for party or deny visitation if probation, parole, good time intent to place that person in relief on behalf of the necessary to protect the safety credits, or any reduction in reasonable fear of death or following: of the plaintiff or any children, time if a defendant willfully serious bodily harm is guilty of a. A minor child. or both. violates a protection order the crime of stalking in the b. Any person prevented by (3) Order the defendant to pay issued by a court of first degree. physical or mental incapacity attorney's fees and court competent jurisdiction and in (b) The crime of stalking in the from seeking a protection costs. the process of violating the first degree is a Class C felony. order. (4) When the defendant has a order commits domestic Ala. Code § 13A-6-90 (2015). Ala. Code § 30-5-5 (2015) duty to support the plaintiff or violence in the first degree. any children living in the Ala. Code § 13A-6-130 (2015). Stalking in the second degree residence or household and the defendant is the sole Domestic violence in the (a) A person who, acting with owner or lessee, grant to the second degree an improper purpose, plaintiff possession of the intentionally and repeatedly residence or household to the (a)… Domestic violence in the follows, harasses, telephones, exclusion of the defendant by second degree is a Class B or initiates communication, evicting the defendant or felony, except the defendant verbally, electronically, or restoring possession to the shall serve a minimum term of otherwise, with another plaintiff, or both, or by imprisonment of six months person, any member of the consent agreement allowing without consideration of other person's immediate probation, parole, good time

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS family, or any third party with the defendant to provide credits, or any reduction in whom the other person is suitable alternate housing. time for any second or acquainted, and causes (5) Order the defendant to pay subsequent conviction under material harm to the mental temporary reasonable support this subsection. or emotional health of the for the plaintiff or any children (b) The minimum term of other person, or causes such in the plaintiff's custody, or imprisonment imposed under person to reasonably fear that both, when the defendant has subsection (a) shall be double his or her employment, a legal obligation to support without consideration of business, or career is such persons. The amount of probation, parole, good time threatened, and the temporary support awarded credits, or any reduction in perpetrator was previously shall be in accordance with time if a defendant willfully informed to cease that Child Support Guidelines violates a protection order conduct is guilty of the crime found in Rule 32 of the issued by a court of of stalking in the second Alabama Rules of Judicial competent jurisdiction and in degree. Administration. the process of violating the (b) The crime of stalking in the (6) Order the defendant to order commits domestic second degree is a Class B provide temporary possession violence in the second degree. misdemeanor. of a vehicle to the plaintiff, if Ala. Code § 13A-6-131 (2015). Ala. Code § 13A-6-90.1 (2015). the plaintiff has no other means of transportation of his Domestic violence in the third Aggravated Stalking in the first or her own and the defendant degree degree either has control of more than one vehicle or has (a)… Domestic violence in the (a) A person who violates the alternate means of third degree is a Class A provisions of Section 13A-6- transportation. misdemeanor. 90(a) and whose conduct in (b) The minimum term of doing so also violates any Ala. Code § 30-5-7(c) (2015). imprisonment imposed under court order or injunction is subsection (a) shall be 30 days guilty of the crime of without consideration of aggravated stalking in the first reduction in time if a degree. defendant willfully violates a (b) The crime of aggravated protection order issued by a stalking in the first degree is a court of competent Class B felony. jurisdiction and in the process Ala. Code §13A-6-91 (2015). of violating the order commits domestic violence in the third Aggravated Stalking in the degree. second degree (c) A second conviction under subsection (a) is a Class A

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (a) A person who violates the misdemeanor, except the provisions of Section 13A-6- defendant shall serve a 90.1 and whose conduct in minimum term of doing so also violates any imprisonment of 10 days in a court order or injunction is city or county jail or detention guilty of the crime of facility without consideration aggravated stalking in the for any reduction in time. second degree. (d) A third or subsequent (b) The crime of aggravated conviction under subsection stalking in the second degree (a) is a Class C felony. is a Class C felony. (e) For purposes of Ala. Code §13A-6-91.1 (2015). determining second, third, or subsequent number of convictions, convictions in municipal court shall be included. Ala. Code § 13A-6-132 (2015).

A law enforcement officer may arrest any person for the violation of this article if the officer has probable cause to believe that the person has violated any provision of a valid domestic violence protection order, whether temporary or permanent… Ala. Code § 13A-6-143 (2015). ALASKA Abuse Definition - Stalking Civil Protection Order Civil Protection Order (b) Violation of this section is a class A misdemeanor. ALASKA STAT. (4) “stalking” means a (a) A person who reasonably (c) A protective order issued ALASKA STAT. § 11.56.740 §18.65.850 (2014) violation of AS 11.41.260 or believes that the person is a under this section may (2014). 11.41.270. victim of stalking or sexual (1) prohibit the respondent ALASKA STAT. § 18.65.870 assault that is not a crime from threatening to commit or (a) A defendant convicted of a Stalking and Sexual Assault (2014). involving domestic violence committing stalking or sexual class A misdemeanor may be Protection Order may file a petition in the assault; sentenced to a definite term Stalking* in the Second Degree district or superior court for a (2) prohibit the respondent of imprisonment of not more protective order against a from telephoning, contacting, than one year. respondent who is alleged to or otherwise communicating

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (a) A person commits the have committed the stalking directly or indirectly with the ALASKA STAT. § 12.55.135 crime of stalking in the second or sexual assault. A parent or petitioner or a designated (2014). degree if the person knowingly guardian may file a petition on household member of the engages in a course of conduct behalf of a minor. petitioner specifically named (c) Stalking in the first degree that recklessly places another ALASKA STAT. § 18.65.850 by the court; is a class C felony. person in fear of death or (2014). (3) direct the respondent to ALASKA STAT. §11.41.260 physical injury, or in fear of stay away from the residence, (2014). the death or physical injury of (a) A person who is or has school, or place of a family member. been a victim of a crime employment of the petitioner, (c) Except as provided in (i) of (b) In this section, involving domestic violence or any specified place this section, a defendant (1) “course of conduct” means may file a petition in the frequented by the petitioner; convicted of a class A felony repeated acts of district or superior court for a however, the court may order may be sentenced to a definite nonconsensual contact protective order against a the respondent to stay away term of imprisonment of not involving the victim or a family household member. A parent, from the respondent's own more than 20 years, and shall member; guardian, or other residence, school, or place of be sentenced to a definite (2) “device” includes software; representative appointed by employment only if the term within the following (3) “family member” means a the court under this section respondent has been provided presumptive ranges, subject to (A) spouse, child, grandchild, may file a petition for a actual notice of the adjustment as provided in AS parent, grandparent, sibling, protective order on behalf of a opportunity to appear and be 12.55.155--12.55.175: uncle, aunt, nephew, or niece, minor. The court may appoint heard on the petition; (1) if the offense is a first of the victim, whether related a guardian ad litem or (4) order other relief the court felony conviction and does not by blood, marriage, or attorney to represent the determines to be necessary to involve circumstances adoption; minor. Notwithstanding AS protect the petitioner or the described in (2) of this (B) person who lives, or has 25.24.310 or this section, the designated household subsection, five to eight years; previously lived, in a spousal office of public advocacy may member. (2) if the offense is a first relationship with the victim; not be appointed as a ALASKA STAT. § 18.65.850(c) felony conviction (C) person who lives in the guardian ad litem or attorney (2014). (A) and the defendant same household as the victim; for a minor in a petition filed possessed a firearm, used a or under this section unless the dangerous instrument, or (D) person who is a former petition has been filed on caused serious physical injury spouse of the victim or is or behalf of the minor. or death during the has been in a dating, ALASKA STAT. § 18.66.100 commission of the offense, or courtship, or engagement (2014). knowingly directed the relationship with the victim; conduct constituting the (4) “nonconsensual contact” offense at a uniformed or means any contact with otherwise clearly identified another person that is peace officer, firefighter, initiated or continued without correctional employee, that person's consent, that is emergency medical technician,

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS beyond the scope of the paramedic, ambulance consent provided by that attendant, or other emergency person, or that is in disregard responder who was engaged of that person's expressed in the performance of official desire that the contact be duties at the time of the avoided or discontinued; offense, seven to 11 years; “nonconsensual contact” (B) and the conviction is for includes manufacturing related to (A) following or appearing methamphetamine under AS within the sight of that person; 11.71.020(a)(2)(A) or (B), (B) approaching or confronting seven to 11 years, if that person in a public place or (i) the manufacturing occurred on private property; in a building with reckless (C) appearing at the workplace disregard that the building was or residence of that person; used as a permanent or (D) entering onto or remaining temporary home or place of on property owned, leased, or lodging for one or more occupied by that person; children under 18 years of age (E) contacting that person by or the building was a place telephone; frequented by children; or (F) sending mail or electronic (ii) in the course of communications to that manufacturing or in person; preparation for (G) placing an object on, or manufacturing, the defendant delivering an object to, obtained the assistance of one property owned, leased, or or more children under 18 occupied by that person; years of age or one or more (H) following or monitoring children were present; that person with a global (3) if the offense is a second positioning device or similar felony conviction, 10 to 14 technological means; years; (I) using, installing, or (4) if the offense is a third attempting to use or install a felony conviction and the device for observing, defendant is not subject to recording, or photographing sentencing under (l) of this events occurring in the section, 15 to 20 years. residence, vehicle, or ALASKA STAT. § 12.55.125 workplace used by that (2014). person, or on the personal

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS telephone or computer used by that person; (5) “victim” means a person who is the target of a course of conduct. ALASKA STAT. § 11.41.270 (2014).

Stalking in the First Degree (a) A person commits the crime of stalking in the first degree if the person violates AS 11.41.270 and (1) the actions constituting the offense are in violation of an order issued or filed under AS 18.66.100--18.66.180 or issued under former AS 25.35.010(b) or 25.35.020; (2) the actions constituting the offense are in violation of a condition of probation, release before trial, release after conviction, or parole; (3) the victim is under 16 years of age; (4) at any time during the course of conduct constituting the offense, the defendant possessed a deadly weapon; (5) the defendant has been previously convicted of a crime under this section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another jurisdiction with elements similar to a crime under this section, AS 11.41.270, or AS 11.56.740; or

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (6) the defendant has been previously convicted of a crime, or an attempt or solicitation to commit a crime, under (A) AS 11.41.100-- 11.41.250, 11.41.300-- 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a law or an ordinance of this or another jurisdiction with elements similar to a crime, or an attempt or solicitation to commit a crime, under AS 11.41.100--11.41.250, 11.41.300--11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, involving the same victim as the present offense. (b) In this section, “course of conduct” and “victim” have the meanings given in AS 11.41.270(b). ALASKA STAT. § 11.41.260 (2014). ARIZONA Stalking*; classification; Civil Protection Order Civil Protection Order N. A peace officer, with or definitions without a warrant, may arrest ARIZ . REV. STAT. §13-3602 A. “Domestic violence” means G. If a court issues an order of a person if the peace officer (LexisNexis 2014) A. A person commits stalking if any act that is a dangerous protection, the court may do has probable cause to believe the person intentionally or crime against children as any of the following: that the person has violated § knowingly engages in a course defined in § 13-705 or an 1. Enjoin the defendant from 13-2810 by disobeying or Order of Protection of conduct that is directed offense prescribed in § 13- committing a violation of one resisting an order that is toward another person and if 1102, 13-1103, 13-1104, 13- or more of the offenses issued in any jurisdiction in that conduct either: 1105, 13-1201, 13-1202, 13- included in domestic violence. this state pursuant to this 1. Would cause a reasonable 1203, 13-1204, 13-1302, 13- 2. Grant one party the use and section, whether or not such person to fear for the person's 1303, 13-1304, 13-1406, 13- exclusive possession of the violation occurred in the safety or the safety of that 1425, 13-1502, 13-1503, 13- parties' residence on a presence of the officer. person's immediate family 1504, 13-1602 or 13-2810, § showing that there is Criminal violations of an order

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS member and that person in 13-2904, subsection A, reasonable cause to believe issued pursuant to this section fact fears for the person's paragraph 1, 2, 3 or 6, § 13- that physical harm may shall be referred to an safety or the safety of that 2910, subsection A, paragraph otherwise result. If the other appropriate law enforcement person's immediate family 8 or 9, § 13-2915, subsection party is accompanied by a law agency. The law enforcement member. A, paragraph 3 or § 13-2916, enforcement officer, the other agency shall request that a 2. Would cause a reasonable 13-2921, 13-2921.01, 13-2923, party may return to the prosecutorial agency file the person to fear death of that 13-3019, 13-3601.02 or 13- residence on one occasion to appropriate charges. A person or that person's 3623, if any of the following retrieve belongings. A law violation of an order of immediate family member and applies: enforcement officer is not protection shall not be that person in fact fears death 1. The relationship between liable for any act or omission adjudicated by a municipal or of that person or that person's the victim and the defendant in the good faith exercise of justice court unless a immediate family member. is one of marriage or former the officer's duties under this complaint has been filed or C. For the purposes of this marriage or of persons paragraph. other legal process has been section: residing or having resided in 3. Restrain the defendant from requested by the prosecuting 1. “Course of conduct”: the same household. contacting the plaintiff or agency. The provisions for (a) Means any of the 2. The victim and the other specifically designated release under § 13-3883, following: defendant have a child in persons and from coming near subsection A, paragraph 4 and (i) Maintaining visual or common. the residence, place of § 13-3903 do not apply to an physical proximity to a specific 3. The victim or the defendant employment or school of the arrest made pursuant to this person or directing verbal, is pregnant by the other party. plaintiff or other specifically section. For the purposes of written or other threats, 4. The victim is related to the designated locations or this section, any court in this whether express or implied, to defendant or the defendant's persons on a showing that state has jurisdiction to a specific person on two or spouse by blood or court order there is reasonable cause to enforce a valid order of more occasions over a period as a parent, grandparent, believe that physical harm protection that is issued in this of time, however short. child, grandchild, brother or may otherwise result. state and that has been (ii) Using any electronic, digital sister or by marriage as a 4. If the court finds that the violated in any jurisdiction in or global positioning system parent-in-law, grandparent-in- defendant is a credible threat this state. device to surveil a specific law, stepparent, step- to the physical safety of the ARIZ. REV. STAT. § 13-3602 person or a specific person's grandparent, stepchild, step- plaintiff or other specifically (2015). internet or wireless activity grandchild, brother-in-law or designated persons, prohibit continuously for twelve hours sister-in-law. the defendant from possessing or more or on two or more 5. The victim is a child who or purchasing a firearm for the occasions over a period of resides or has resided in the duration of the order. If the time, however short, without same household as the court prohibits the defendant authorization. defendant and is related by from possessing a firearm, the (b) Does not include blood to a former spouse of court shall also order the constitutionally protected the defendant or to a person defendant to transfer any activity or other activity who resides or who has firearm owned or possessed authorized by law, the other by the defendant immediately

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS person, the other person's resided in the same household after service of the order to authorized representative or if as the defendant. the appropriate law the other person is a minor, 6. The relationship between enforcement agency for the the minor's parent or the victim and the defendant duration of the order. If the guardian. is currently or was previously a defendant does not 2. “Immediate family romantic or sexual immediately transfer the member” means a spouse, relationship. The following firearm, the defendant shall parent, child or sibling or any factors may be considered in transfer the firearm within other person who regularly determining whether the twenty-four hours after resides in a person's relationship between the service of the order. household or resided in a victim and the defendant is 5. If the order was issued after person's household within the currently or was previously a notice and a hearing at which past six months. romantic or sexual the defendant had an ARIZ. REV. STAT. § 13–2923 relationship: opportunity to participate, (2015). (a) The type of relationship. require the defendant to (b) The length of the complete a domestic violence relationship. offender treatment program (c) The frequency of the that is provided by a facility interaction between the victim approved by the department and the defendant. of health services or a (d) If the relationship has probation department or any terminated, the length of time other program deemed since the termination. appropriate by the court. ARIZ. REV. STAT. § 13-3601 6. Grant relief that is (2015). necessary for the protection of the alleged victim and other specifically designated persons and that is proper under the circumstances. 7. Grant the petitioner the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the petitioner, the respondent or a minor child residing in the residence or household of the petitioner or the respondent, and order the respondent to stay away

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS from the animal and forbid the respondent from taking, transferring, encumbering, concealing, committing an act of cruelty or neglect in violation of § 13-2910 or otherwise disposing of the animal. ARIZ. REV. STAT. § 13-3602 (2015). ARKANSAS Stalking in the First Degree: Protection Order Conditional Release Order Stalking in the first degree is a Class C felony. Note: No specific civil (a)(1) A person commits There is no relationship (2)(A) Upon pretrial release of Stalking in the second degree provision however A.C.A. stalking in the first degree if he requirement under the defendant, a judicial is a Class D felony. §5-71-229 references the or she knowingly engages in a ARK. CODE ANN. §5-71-229 officer shall enter a no contact Stalking in the third degree is a course of conduct that would (2015). order in writing consistent Class A misdemeanor. Domestic Abuse Act of place a reasonable person in with Rules 9.3 and 9.4 of the ARK. CODE ANN. § 5-71-229 1991, § 9-15-101 et seq., or the victim's position under Arkansas Rules of Criminal (2015). a no contact order as set emotional distress and in fear Procedure and shall give out in subdivision (a)(2)(A) for his or her safety or a third notice to the defendant of (d) Upon conviction, violation of this section. person's safety, and the actor: penalties contained in Rule 9.5 of a no contact order issued (A) Does so in contravention of of the Arkansas Rules of under this section is a Class A an order of protection Criminal Procedure. misdemeanor. consistent with the Domestic (B) The no contact order ARK. CODE ANN. § 16-85-714 Abuse Act of 1991, § 9-15-101 remains in effect during the (2015). et seq., or a no contact order pendency of any appeal of a as set out in subdivision conviction under this (a)(2)(A) of this section, subsection (a) of this section. protecting the same victim, or ARK. CODE ANN. § 5-71-229 any other order issued by any (2015). court protecting the same victim; (B) Has been convicted within the previous ten (10) years of: (i) Stalking in the second degree; (ii) Terroristic threatening, § 5- 13-301 or terroristic act, § 5- 13-310; or

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (iii) Stalking or threats against another person's safety under the statutory provisions of any other state jurisdiction; or (C) Is armed with a deadly weapon or represents by word or conduct that he or she is armed with a deadly weapon. (b)(1) A person commits stalking in the second degree if he or she knowingly engages in a course of conduct that harasses another person and makes a terroristic threat with the purpose of placing that person in imminent fear of death or serious bodily injury or placing that person in imminent fear of the death or serious bodily injury of his or her immediate family. (c)(1) A person commits stalking in the third degree if he or she knowingly commits an act that would place a reasonable person in the victim's position under emotional distress and in fear for his or her safety or a third person's safety. (d) It is an affirmative defense to prosecution under this section if the actor is a law enforcement officer, licensed private investigator, attorney, process server, licensed bail bondsman, or a store detective acting within the reasonable scope of his or her

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS duty while conducting surveillance on an official work assignment. (f) As used in this section: (1)(A) “Course of conduct” means a pattern of conduct composed of two (2) or more acts, separated by at least thirty-six (36) hours, but occurring within one (1) year, including without limitation an act in which the actor directly, indirectly, or through a third party by any action, method, device, or means follows, monitors, observes, places under surveillance, threatens, or communicates to or about a person or interferes with a person's property. (B)(i) “Course of conduct” does not include constitutionally protected activity. (ii) If the defendant claims that he or she was engaged in a constitutionally protected activity, the court shall determine the validity of that claim as a matter of law and, if found valid, shall exclude that activity from evidence; (2)(A) “Emotional distress” means significant mental suffering or distress. (B) “Emotional distress” does not require that the victim sought or received medical or

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS other professional treatment or counseling; and (3) “Harasses” means an act of harassment as prohibited by § 5-71-208. ARK. CODE ANN. § 5-71-229 (2015). CALIFORNIA Abuse Definition- Stalking Civil Harassment Order Civil Harassment Order (a) Any person who willfully, maliciously, and repeatedly CAL. CIV. PROC. CODE (b) For the purposes of this (a)(1) A person who has (6) “Temporary restraining follows or willfully and § 527.6 section: suffered harassment as order” and “injunction” mean maliciously harasses another (1) “Course of conduct” is a defined in subdivision (b) may orders that include any of the person and who makes a pattern of conduct composed seek a temporary restraining following restraining orders, credible threat with the intent Civil Harassment Order of a series of acts over a order and an injunction whether issued ex parte or to place that person in period of time, however short, prohibiting harassment as after notice and hearing: reasonable fear for his or her evidencing a continuity of provided in this section. (A) An order enjoining a party safety, or the safety of his or purpose, including following or (2) A minor, under 12 years of from harassing, intimidating, her immediate family is guilty stalking an individual, making age, accompanied by a duly molesting, attacking, striking, of the crime of stalking, harassing telephone calls to an appointed and acting guardian stalking, threatening, sexually punishable by imprisonment in individual, or sending ad litem, shall be permitted to assaulting, battering, abusing, a county jail for not more than harassing correspondence to appear in court without telephoning, including, but not one year, or by a fine of not an individual by any means, counsel for the limited limited to, making annoying more than one thousand including, but not limited to, purpose of requesting or telephone calls, as described dollars ($1,000), or by both the use of public or private opposing a request for a in Section 653m of the Penal that fine and imprisonment, or mails, interoffice mail, temporary restraining order or Code, destroying personal by imprisonment in the state facsimile, or computer email. injunction, or both, under this property, contacting, either prison. Constitutionally protected section as provided in Section directly or indirectly, by mail (b) Any person who violates activity is not included within 374. or otherwise, or coming within subdivision (a) when there is a the meaning of “course of CAL. CIV. PROC. CODE § 527.6 a specified distance of, or temporary restraining order, conduct.” (2015). disturbing the peace of, the injunction, or any other court (7) “Unlawful violence” is any petitioner. order in effect prohibiting the assault or battery, or stalking (B) An order enjoining a party behavior described in as prohibited in Section 646.9 from specified behavior that subdivision (a) against the of the Penal Code, but shall the court determines is same party, shall be punished not include lawful acts of self- necessary to effectuate orders by imprisonment in the state defense or defense of others. described in subparagraph (A). prison for two, three, or four CAL. CIV. PROC. CODE § 527.6 years. (2015). CAL. CIV. PROC. CODE § 527.6 (c)(1) Every person who, after (b)(6) (2015). having been convicted of a

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (a) Any person who willfully, felony under Section 273.5, maliciously, and repeatedly 273.6, or 422, commits a follows or willfully and violation of subdivision (a) maliciously harasses another shall be punished by person and who makes a imprisonment in a county jail credible threat with the intent for not more than one year, or to place that person in by a fine of not more than one reasonable fear for his or her thousand dollars ($1,000), or safety, or the safety of his or by both that fine and her immediate family is guilty imprisonment, or by of the crime of stalking, imprisonment in the state punishable by imprisonment in prison for two, three, or five a county jail for not more than years. one year, or by a fine of not (2) Every person who, after more than one thousand having been convicted of a dollars ($1,000), or by both felony under subdivision (a), that fine and imprisonment, or commits a violation of this by imprisonment in the state section shall be punished by prison. imprisonment in the state CAL. PENAL CODE § 646.9 prison for two, three, or five (2015). years. (d) In addition to the penalties provided in this section, the sentencing court may order a person convicted of a felony under this section to register as a sex offender pursuant to Section 290.006. CAL. PENAL CODE § 646.9 (2015). COLORADO Abuse Definition- Stalking Protection Order Civil Protection Order (3) A person who commits stalking: COLO. REV. STAT. §13-14- (3) “Stalking” means any act, (2) “Domestic abuse” means (1) A municipal court of record (a) Commits a class 5 felony 101, §13-14-1013 (2013). attempted act, or threatened any act, attempted act, or that is authorized by its for a first offense except as act of stalking as described in threatened act of violence, municipal governing body to otherwise provided in section 18-3-602, C.R.S. stalking, harassment, or issue protection or restraining subsection (5) of this section; Civil and Emergency COLO. REV. STAT. §13-14-101 coercion that is committed by orders and any county court, or Protection Orders (2014). any person against another in connection with issuing a (b) Commits a class 4 felony person to whom the actor is civil protection order, has for a second or subsequent

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (1) A person commits stalking currently or was formerly original concurrent jurisdiction offense, if the offense occurs if directly, or indirectly related, or with whom the with the district court to within seven years after the through another person, the actor is living or has lived in include any provisions in the date of a prior offense for person knowingly: the same domicile, or with order that the municipal or which the person was (a) Makes a credible threat to whom the actor is involved or county court deems necessary convicted. another person and, in has been involved in an for the protection of persons, (4) Stalking is an extraordinary connection with the threat, intimate relationship. A sexual including but not limited to risk crime that is subject to the repeatedly follows, relationship may be an orders: modified presumptive approaches, contacts, or indicator of an intimate (a) Restraining a party from sentencing range specified in places under surveillance that relationship but is never a threatening, molesting, or section 18-1.3-401(10). person, a member of that necessary condition for finding injuring any other party or the (5) If, at the time of the person's immediate family, or an intimate relationship. For minor child of either of the offense, there was a someone with whom that purposes of this subsection parties; temporary or permanent person has or has had a (2), “coercion” includes (b) Restraining a party from protection order, injunction, continuing relationship; or compelling a person by force, contacting any other party or or condition of bond, (b) Makes a credible threat to threat of force, or intimidation the minor child of either of the probation, or parole or any another person and, in to engage in conduct from parties; other court order in effect connection with the threat, which the person has the right (c) Excluding a party from the against the person, prohibiting repeatedly makes any form of or privilege to abstain, or to family home upon a showing the behavior described in this communication with that abstain from conduct in which that physical or emotional section, the person commits a person, a member of that the person has a right or harm would otherwise result; class 4 felony. person's immediate family, or privilege to engage. “Domestic (d) Excluding a party from the COLO. REV. STAT. § 18-3-602 someone with whom that abuse” may also include any home of another party upon a (2014). person has or has had a act, attempted act, or showing that physical or continuing relationship, threatened act of violence emotional harm would regardless of whether a against: otherwise result; conversation ensues; or (a) The minor children of (e)(I) Awarding temporary care (c) Repeatedly follows, either of the parties; or and control of any minor approaches, contacts, places (b) An animal owned, children of either party under surveillance, or makes possessed, leased, kept, or involved for a period of not any form of communication held by either of the parties or more than one year. with another person, a by a minor child of either of (II) If temporary care and member of that person's the parties, which threat, act, control is awarded, the order immediate family, or someone or attempted act is intended may include parenting time with whom that person has or to coerce, control, punish, rights for the other party has had a continuing intimidate, or exact revenge involved and any conditions of relationship in a manner that upon either of the parties or a such parenting time, including would cause a reasonable minor child of either of the the supervision of parenting person to suffer serious parties. time by a third party who

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS emotional distress and does COLO. REV. STAT. § 13-14-101 agrees to the terms of the cause that person, a member (2014). supervised parenting time and of that person's immediate any costs associated with family, or someone with (1)(a) Any municipal court of supervised parenting time, if whom that person has or has record, if authorized by the necessary. If the restrained had a continuing relationship municipal governing body; any party is unable to pay the to suffer serious emotional county court; and any district, ordered costs, the court shall distress. For purposes of this probate, or juvenile court shall not place such responsibility paragraph (c), a victim need have original concurrent with publicly funded agencies. not show that he or she jurisdiction to issue a If the court finds that the received professional temporary or permanent civil safety of any child or the treatment or counseling to protection order against an protected party cannot be show that he or she suffered adult or against a juvenile who ensured with any form of serious emotional distress. is ten years of age or older for parenting time reasonably COLO. REV. STAT. § 18-3-602 any of the following purposes: available, the court may deny (2014). (V) To prevent stalking. parenting time. (b) To be eligible for a (III) The court may award protection order, the interim decision-making petitioner does not need to responsibility of a child to a show that he or she has person entitled to bring an reported the act that is the action for the allocation of subject of the complaint to parental responsibilities under law enforcement, that charges section 14-10-123, C.R.S., have been filed, or that the when such award is petitioner is participating in reasonably related to the prosecution of a criminal preventing domestic abuse as matter. defined in section 13-14- COLO. REV. STAT. § 13-14- 101(2), or preventing the child 104.5 (2014). from witnessing domestic abuse. (IV) Temporary care and control or interim decision- making responsibility must be determined in accordance with the standard contained in section 14-10-124, C.R.S. (f) Restraining a party from interfering with a protected person at the person's place of

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS employment or place of education or from engaging in conduct that impairs the protected person's employment, educational relationships, or environment; (g) Restraining a party from molesting, injuring, killing, taking, transferring, encumbering, concealing, disposing of or threatening harm to an animal owned, possessed, leased, kept, or held by any other party or a minor child of any other party; (h) Specifying arrangements for possession and care of an animal owned, possessed, leased, kept, or held by any other party or a minor child of any other party; (i) Granting such other relief as the court deems appropriate; (j)(I) Entering a temporary injunction restraining the respondent from ceasing to make payments for mortgage or rent, insurance, utilities or related services, transportation, medical care, or child care when the respondent has a prior existing duty or legal obligation or from transferring, encumbering, concealing, or in any way disposing of personal effects or real property, except in the usual course of business or for the necessities

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS of life and requiring the restrained party to account to the court for all extraordinary expenditures made after the injunction is in effect. (II) Any injunction issued pursuant to this paragraph (j) is effective upon personal service or upon waiver and acceptance of service by the respondent for a period of time determined appropriate by the court not to exceed one year after the issuance of the permanent civil protection order. (III) The provisions of the injunction must be printed on the summons, and the petition and the injunction become an order of the court upon fulfillment of the requirements of subparagraph (I) of this paragraph (j). (IV) Nothing in this paragraph (j) precludes either party from applying to the district court for further temporary orders, an expanded temporary injunction, or modification or revocation. Any subsequent order issued by the district court as part of a domestic matter involving the parties supersedes an injunction made pursuant to this paragraph (j). (2) Any order for temporary care and control issued

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS pursuant to subsection (1) of this section is governed by the “Uniform Child-custody Jurisdiction and Enforcement Act”, article 13 of title 14, COLO. REV. STAT. 13-14-105 (2014). CONNECTICUT Abuse Definition Restraining Order Restraining Order (b) A protective order issued CONN. GEN. STAT. (a) Any family or household (2) “Family or household (b) The application form shall under this section may include §46b-15(a) member, as defined in section member” means any of the allow the applicant, at the provisions necessary to 46b-38a, who has been following persons, regardless applicant's option, to indicate protect the victim from Restraining Order subjected to a continuous of the age of such person: (A) whether the respondent holds threats, harassment, injury or threat of present physical pain Spouses or former spouses; (B) a permit to carry a pistol or intimidation by the defendant, (Relief from Abuse) or physical injury, stalking or a parents or their children; (C) revolver or possesses one or including but not limited to, an pattern of threatening, persons related by blood or more firearms or ammunition. order enjoining the defendant including, but not limited to, a marriage; (D) persons other The application shall be from (1) imposing any pattern of threatening, as than those persons described accompanied by an affidavit restraint upon the person or described in section 53a-62, by in subparagraph (C) of this made under oath which liberty of the victim, (2) another family or household subdivision presently residing includes a brief statement of threatening, harassing, member may make an together or who have resided the conditions from which assaulting, molesting or application to the Superior together; (E) persons who relief is sought. Upon receipt sexually assaulting the victim, Court for relief under this have a child in common of the application the court or (3) entering the dwelling of section. regardless of whether they are shall order that a hearing on the victim. A protective order CONN. GEN. STAT. § 46b-15 or have been married or have the application be held not issued under this section may (2014). lived together at any time; and later than fourteen days from include provisions necessary (F) persons in, or who have the date of the order. The to protect any animal owned Stalking in the First Degree recently been in, a dating court, in its discretion, may or kept by the victim including, relationship. make such orders as it deems but not limited to, an order (a) A person is guilty of CONN. GEN. STAT. § 46b-38a appropriate for the protection enjoining the defendant from stalking in the first degree (2014). of the applicant and such injuring or threatening to when such person commits dependent children or other injure such animal. Such order stalking in the second degree persons as the court sees fit. shall be made a condition of as provided in section 53a- In making such orders, the the bail or release of the 181d and (1) such person has court, in its discretion, may defendant and shall contain previously been convicted of a consider relevant court the following language: “In violation of section 53a-181d, records if the records are accordance with section 53a- or (2) such conduct violates a available to the public from a 223 of the Connecticut general court order in effect at the clerk of the Superior Court or statutes, any violation of this time of the offense, or (3) the on the Judicial Branch's order constitutes criminal

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS other person is under sixteen Internet web site. Such orders violation of a protective order years of age. may include temporary child which is punishable by a term (b) Stalking in the first degree custody or visitation rights, of imprisonment of not more is a class D felony. and such relief may include, than ten years, a fine of not CONN. GEN. STAT. § 53a-181c but is not limited to, an order more than ten thousand (2014). enjoining the respondent from dollars, or both. Additionally, (1) imposing any restraint in accordance with section Stalking in the Second Degree upon the person or liberty of 53a-107 of the Connecticut the applicant; (2) threatening, general statutes, entering or (b) A person is guilty of harassing, assaulting, remaining in a building or any stalking in the second degree molesting, sexually assaulting other premises in violation of when: or attacking the applicant; or this order constitutes criminal (1) Such person knowingly (3) entering the family trespass in the first degree engages in a course of conduct dwelling or the dwelling of the which is punishable by a term directed at a specific person applicant. Such order may of imprisonment of not more that would cause a reasonable include provisions necessary than one year, a fine of not person to fear for such to protect any animal owned more than two thousand person's physical safety or the or kept by the applicant dollars, or both. Violation of physical safety of a third including, but not limited to, this order also violates a person; or an order enjoining the condition of your bail or (2) Such person intentionally, respondent from injuring or release and may result in and for no legitimate purpose, threatening to injure such raising the amount of bail or engages in a course of conduct animal. If an applicant alleges revoking release.”. directed at a specific person an immediate and present CONN. GEN. STAT. § 54-1k that would cause a reasonable physical danger to the (2014). person to fear that such applicant, the court may issue person's employment, an ex parte order granting (i) When a motion for business or career is such relief as it deems contempt is filed for violation threatened, where (A) such appropriate. If a of a restraining order, there conduct consists of the actor postponement of a hearing on shall be an expedited hearing. telephoning to, appearing at the application is requested by Such hearing shall be held or initiating communication or either party and granted, the within five court days of contact at such other person's ex parte order shall not be service of the motion on the place of employment or continued except upon respondent, provided service business, provided the actor agreement of the parties or by on the respondent is made not was previously and clearly order of the court for good less than twenty-four hours informed to cease such cause shown. If a hearing on before the hearing. If the court conduct, and (B) such conduct the application is scheduled or finds the respondent in does not consist of an ex parte order is granted contempt for violation of an

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS constitutionally protected and the court is closed on the order, the court may impose activity. scheduled hearing date, the such sanctions as the court (c) Stalking in the second hearing shall be held on the deems appropriate. degree is a class A next day the court is open and CONN. GEN. STAT. § 46b-15 misdemeanor. any such ex parte order shall (2014). CONN. GEN. STAT. § 53a-181d remain in effect until the date (2014). of such hearing. CONN. GEN. STAT. § 46b-15 Stalking in the Third Degree (2014).

(a) A person is guilty of stalking in the third degree when he recklessly causes another person to reasonably fear for his physical safety by wilfully and repeatedly following or lying in wait for such other person. (b) Stalking in the third degree is a class B misdemeanor. CONN. GEN. STAT. § 53a-181e (2014). DELAWARE

DEL. CODE ANN. tit. 10, § 1045 (2014)

No Civil Stalking Provision DISTRICT OF COLUMBIA Stalking Protection Order Protection Order (a) Except as provided in subsections (b) and (c) of this D.C. CODE §16-1003 (2014) (a) It is unlawful for a person (12) “Petitioner” means any (c) If, after hearing, the judicial section, a person who violates to purposefully engage in a person who alleges, or for officer finds that there is good § 22-3133 shall be fined not Civil Protection Order course of conduct directed at whom is alleged, that he or cause to believe the more than the amount set a specific individual: she is the victim of respondent has committed or forth in § 22-3571.01, (1) With the intent to cause interpersonal, intimate threatened to commit a imprisoned for not more than that individual to: partner, or intrafamily criminal offense against the 12 months, or both. (A) Fear for his or her safety or violence, stalking, sexual petitioner or against (b) A person who violates § the safety of another person; assault, or sexual abuse. petitioner's animal or an 22-3133 shall be fined not D.C. CODE § 16-1001 (2015). animal in petitioner's more than the amount set 23

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (B) Feel seriously alarmed, household, the judicial officer forth in § 22-3571.01, disturbed, or frightened; or may issue a protection order imprisoned for not more than (C) Suffer emotional distress; that: 5 years, or both, if the person: (2) That the person knows (1) Directs the respondent to (1) At the time, was subject to would cause that individual refrain from committing or a court, parole, or supervised reasonably to: threatening to commit release order prohibiting (A) Fear for his or her safety or criminal offenses against the contact with the specific the safety of another person; petitioner and other protected individual; (B) Feel seriously alarmed, persons; (2) Has one prior conviction in disturbed, or frightened; or (2) Requires the respondent to any jurisdiction of stalking any (C) Suffer emotional distress; stay away from or have no person within the previous 10 or contact with the petitioner years; (3) That the person should and any other protected (3) At the time, was at least 4 have known would cause a persons or locations; years older than the specific reasonable person in the (3) Requires the respondent to individual and the specific individual's circumstances to: participate in psychiatric or individual was less than 18 (A) Fear for his or her safety or medical treatment or years of age; or the safety of another person; appropriate counseling (4) Caused more than $ 2,500 (B) Feel seriously alarmed, programs; in financial injury. disturbed, or frightened; or (4) Directs the respondent to (c) A person who violates § 22- (C) Suffer emotional distress. refrain from entering, or to 3133 shall be fined not more (b) This section does not apply vacate, the dwelling unit of than the amount set forth in § to constitutionally protected the petitioner when the 22-3571.01, imprisoned for activity. dwelling is: not more than 10 years, or (c) Where a single act is of a (A) Marital property of the both, if the person has 2 or continuing nature, each 24- parties; more prior convictions in any hour period constitutes a (B) Jointly owned, leased, or jurisdiction for stalking any separate occasion. rented and occupied by both person, at least one of which (d) The conduct on each of the parties; provided, that joint was for a jury demandable occasions need not be the occupancy shall not be offense. same as it is on the others. required if the respondent's (d) A person shall not be D.C. CODE § 22-3133 (2015). actions caused the petitioner sentenced consecutively for to relinquish occupancy; stalking and identify theft (C) Owned, leased, or rented based on the same act or by the petitioner individually; course of conduct. or D.C. CODE § 22-3134 (2014). (D) Jointly owned, leased, or rented by the petitioner and a Contempt

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS person other than the (f) Violation of any temporary respondent; or final order issued under this (5) Directs the respondent to subchapter, or violation in the relinquish possession or use of District of Columbia of any certain personal property valid foreign protection order, owned jointly by the parties or as that term is defined in by the petitioner individually; subchapter IV of this chapter, (6) Awards temporary custody or respondent's failure to of a minor child or children of appear as required by the parties; subsection (a) of this section, (7) Provides for visitation shall be punishable as rights with appropriate contempt. Upon conviction, restrictions to protect the criminal contempt shall be safety of the petitioner; punished by a fine of not more (8) Awards costs and attorney than the amount set forth in [§ fees; 22-3571.01] or imprisonment (9) Orders the Metropolitan for not more than 180 days, or Police Department to take both. such action as the judicial D.C. CODE § 16-1005 (2015). officer deems necessary to enforce its orders; (10) Directs the respondent to relinquish possession of any firearms; (10A) Directs the care, custody, or control of a domestic animal that belongs to petitioner or respondent or lives in his or her household; (11) Directs the respondent to perform or refrain from other actions as may be appropriate to the effective resolution of the matter; or (12) Combines 2 or more of the preceding provisions. D.C. CODE § 16-1005 (2015). FLORIDA Abuse Definition Protection Order Protection Order Criminal and Civil Remedy

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS FLA. STAT. §741.30 (2015) (2) “Domestic violence” (3) “Family or household (5)(a) If it appears to the The court may enforce a means any assault, aggravated member” means spouses, court that an immediate and violation of an injunction for Injunction for Protection assault, battery, aggravated former spouses, persons present danger of domestic protection against stalking Against Domestic Violence battery, sexual assault, sexual related by blood or marriage, violence exists, the court may through a civil or criminal battery, stalking, aggravated persons who are presently grant a temporary injunction contempt proceeding, or the stalking, kidnapping, false residing together as if a family ex parte, pending a full state attorney may prosecute imprisonment, or any criminal or who have resided together hearing, and may grant such it as a criminal violation under FLA. STAT. § 784.0485 offense resulting in physical in the past as if a family, and relief as the court deems s. 784.0487. (2015) injury or death of one family persons who are parents of a proper, including an or household member by child in common regardless of injunction: Injunction Against another family or household whether they have been 1. Restraining the respondent Stalking member. married. With the exception of from committing any acts of FLA. STAT. § 741.28 (2015). persons who have a child in domestic violence. common, the family or 2. Awarding to the petitioner Stalking household members must be the temporary exclusive use currently residing or have in and possession of the dwelling (2) A person who willfully, the past resided together in that the parties share or maliciously, and repeatedly the same single dwelling unit. excluding the respondent from follows, harasses, or FLA. STAT. § 741.28 (2015). the residence of the cyberstalks another person petitioner. commits the offense of 3. On the same basis as stalking, a misdemeanor of the provided in s. 61.13, providing first degree, punishable as the petitioner a temporary provided in s. 775.082 or s. parenting plan, including a 775.083. time-sharing schedule, which (3) A person who willfully, may award the petitioner up maliciously, and repeatedly to 100 percent of the time- follows, harasses, or sharing. The temporary cyberstalks another person parenting plan remains in and makes a credible threat to effect until the order expires that person commits the or an order is entered by a offense of aggravated stalking, court of competent a felony of the third degree, jurisdiction in a pending or punishable as provided in s. subsequent civil action or 775.082, s. 775.083, or s. proceeding affecting the 775.084. placement of, access to, (4) A person who, after an parental time with, adoption injunction for protection of, or parental rights and against repeat violence, sexual

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS violence, or dating violence responsibilities for the minor pursuant to s. 784.046, or an child. injunction for protection (b) Except as provided in s. against domestic violence 90.204, in a hearing ex parte pursuant to s. 741.30, or after for the purpose of obtaining any other court-imposed such ex parte temporary prohibition of conduct toward injunction, no evidence other the subject person or that than verified pleadings or person's property, knowingly, affidavits shall be used as willfully, maliciously, and evidence, unless the repeatedly follows, harasses, respondent appears at the or cyberstalks another person hearing or has received commits the offense of reasonable notice of the aggravated stalking, a felony hearing. A denial of a petition of the third degree, punishable for an ex parte injunction shall as provided in s. 775.082, s. be by written order noting the 775.083, or s. 775.084. legal grounds for denial. When (5) A person who willfully, the only ground for denial is maliciously, and repeatedly no appearance of an follows, harasses, or immediate and present danger cyberstalks a child under 16 of domestic violence, the years of age commits the court shall set a full hearing on offense of aggravated stalking, the petition for injunction with a felony of the third degree, notice at the earliest possible punishable as provided in s. time. Nothing herein affects a 775.082, s. 775.083, or s. petitioner's right to promptly 775.084. amend any petition, or (7) A person who, after having otherwise be heard in person been sentenced for a violation on any petition consistent of s. 794.011, s. 800.04, or s. with the Florida Rules of Civil 847.0135(5) and prohibited Procedure. from contacting the victim of (c) Any such ex parte the offense under s. 921.244, temporary injunction shall be willfully, maliciously, and effective for a fixed period not repeatedly follows, harasses, to exceed 15 days. A full or cyberstalks the victim hearing, as provided by this commits the offense of section, shall be set for a date aggravated stalking, a felony no later than the date when of the third degree, punishable the temporary injunction

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS as provided in s. 775.082, s. ceases to be effective. The 775.083, or s. 775.084. court may grant a continuance of the hearing before or during FLA. STAT. § 784.048 (2015). a hearing for good cause shown by any party, which shall include a continuance to obtain service of process. Any injunction shall be extended if necessary to remain in full force and effect during any period of continuance. (6)(a) Upon notice and hearing, when it appears to the court that the petitioner is either the victim of domestic violence as defined by s. 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court may grant such relief as the court deems proper, including an injunction: 1. Restraining the respondent from committing any acts of domestic violence. 2. Awarding to the petitioner the exclusive use and possession of the dwelling that the parties share or excluding the respondent from the residence of the petitioner. 3. On the same basis as provided in chapter 61, providing the petitioner with 100 percent of the time- sharing in a temporary parenting plan that remains in effect until the order expires

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS or an order is entered by a court of competent jurisdiction in a pending or subsequent civil action or proceeding affecting the placement of, access to, parental time with, adoption of, or parental rights and responsibilities for the minor child. 4. On the same basis as provided in chapter 61, establishing temporary support for a minor child or children or the petitioner. An order of temporary support remains in effect until the order expires or an order is entered by a court of competent jurisdiction in a pending or subsequent civil action or proceeding affecting child support. 5. Ordering the respondent to participate in treatment, intervention, or counseling services to be paid for by the respondent. When the court orders the respondent to participate in a batterers' intervention program, the court, or any entity designated by the court, must provide the respondent with a list of batterers' intervention programs from which the respondent must choose a program in which to participate.

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS 6. Referring a petitioner to a certified domestic violence center. The court must provide the petitioner with a list of certified domestic violence centers in the circuit which the petitioner may contact. 7. Ordering such other relief as the court deems necessary for the protection of a victim of domestic violence, including injunctions or directives to law enforcement agencies, as provided in this section. (b) In determining whether a petitioner has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court shall consider and evaluate all relevant factors alleged in the petition, including, but not limited to: 1. The history between the petitioner and the respondent, including threats, harassment, stalking, and physical abuse. 2. Whether the respondent has attempted to harm the petitioner or family members or individuals closely associated with the petitioner. 3. Whether the respondent has threatened to conceal, kidnap, or harm the petitioner's child or children.

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS 4. Whether the respondent has intentionally injured or killed a family pet. 5. Whether the respondent has used, or has threatened to use, against the petitioner any weapons such as guns or knives. 6. Whether the respondent has physically restrained the petitioner from leaving the home or calling law enforcement. 7. Whether the respondent has a criminal history involving violence or the threat of violence. 8. The existence of a verifiable order of protection issued previously or from another jurisdiction. 9. Whether the respondent has destroyed personal property, including, but not limited to, telephones or other communications equipment, clothing, or other items belonging to the petitioner. 10. Whether the respondent engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence.

In making its determination under this paragraph, the

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS court is not limited to those factors enumerated in subparagraphs 1.-10. (c) The terms of an injunction restraining the respondent under subparagraph (a)1. or ordering other relief for the protection of the victim under subparagraph (a)7. shall remain in effect until modified or dissolved. Either party may move at any time to modify or dissolve the injunction. No specific allegations are required. Such relief may be granted in addition to other civil or criminal remedies. (d) A temporary or final judgment on injunction for protection against domestic violence entered pursuant to this section shall, on its face, indicate that: 1. The injunction is valid and enforceable in all counties of the State of Florida. 2. Law enforcement officers may use their arrest powers pursuant to s. 901.15(6) to enforce the terms of the injunction. 3. The court had jurisdiction over the parties and matter under the laws of Florida and that reasonable notice and opportunity to be heard was given to the person against whom the order is sought

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS sufficient to protect that person's right to due process. 4. The date respondent was served with the temporary or final order, if obtainable. (e) An injunction for protection against domestic violence entered pursuant to this section, on its face, may order that the respondent attend a batterers' intervention program as a condition of the injunction. Unless the court makes written factual findings in its judgment or order which are based on substantial evidence, stating why batterers' intervention programs would be inappropriate, the court shall order the respondent to attend a batterers' intervention program if: 1. It finds that the respondent willfully violated the ex parte injunction; 2. The respondent, in this state or any other state, has been convicted of, had adjudication withheld on, or pled nolo contendere to a crime involving violence or a threat of violence; or 3. The respondent, in this state or any other state, has had at any time a prior injunction for protection entered against the

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS respondent after a hearing with notice. (f) The fact that a separate order of protection is granted to each opposing party shall not be legally sufficient to deny any remedy to either party or to prove that the parties are equally at fault or equally endangered. (g) A final judgment on injunction for protection against domestic violence entered pursuant to this section must, on its face, indicate that it is a violation of s. 790.233, and a first degree misdemeanor, for the respondent to have in his or her care, custody, possession, or control any firearm or ammunition. (h) All proceedings under this subsection shall be recorded. Recording may be by electronic means as provided by the Rules of Judicial Administration. (7) The court shall allow an advocate from a state attorney's office, an advocate from a law enforcement agency, or an advocate from a certified domestic violence center who is registered under s. 39.905 to be present with the petitioner or respondent during any court proceedings or hearings related to the

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS injunction for protection, provided the petitioner or respondent has made such a request and the advocate is able to be present. (8)(a) 1. The clerk of the court shall furnish a copy of the petition, financial affidavit, Uniform Child Custody Jurisdiction and Enforcement Act affidavit, if any, notice of hearing, and temporary injunction, if any, to the sheriff or a law enforcement agency of the county where the respondent resides or can be found, who shall serve it upon the respondent as soon thereafter as possible on any day of the week and at any time of the day or night. When requested by the sheriff, the clerk of the court may transmit a facsimile copy of an injunction that has been certified by the clerk of the court, and this facsimile copy may be served in the same manner as a certified copy. Upon receiving a facsimile copy, the sheriff must verify receipt with the sender before attempting to serve it upon the respondent. In addition, if the sheriff is in possession of an injunction for protection that has been certified by the clerk of the court, the sheriff may transmit a facsimile copy

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS of that injunction to a law enforcement officer who shall serve it in the same manner as a certified copy. The clerk of the court shall be responsible for furnishing to the sheriff such information on the respondent's physical description and location as is required by the department to comply with the verification procedures set forth in this section. Notwithstanding any other provision of law to the contrary, the chief judge of each circuit, in consultation with the appropriate sheriff, may authorize a law enforcement agency within the jurisdiction to effect service. A law enforcement agency serving injunctions pursuant to this section shall use service and verification procedures consistent with those of the sheriff. 2. When an injunction is issued, if the petitioner requests the assistance of a law enforcement agency, the court may order that an officer from the appropriate law enforcement agency accompany the petitioner and assist in placing the petitioner in possession of the dwelling or residence, or otherwise assist in the execution or service of the injunction. A law

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS enforcement officer shall accept a copy of an injunction for protection against domestic violence, certified by the clerk of the court, from the petitioner and immediately serve it upon a respondent who has been located but not yet served. FLA. STAT. § 741.30 (2015).

Injunction Against Stalking

(1) There is created a cause of action for an injunction for protection against stalking. For the purposes of injunctions for protection against stalking under this section, the offense of stalking shall include the offense of cyberstalking. FLA. STAT. § 784.0485 (2015).

(6)(a) Upon notice and hearing, when it appears to the court that the petitioner is the victim of stalking, the court may grant such relief as the court deems proper, including an injunction: 1. Restraining the respondent from committing any act of stalking. 2. Ordering the respondent to participate in treatment, intervention, or counseling services to be paid for by the respondent.

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS 3. Referring a petitioner to appropriate services. The court may provide the petitioner with a list of certified domestic violence centers, certified rape crisis centers, and other appropriate referrals in the circuit which the petitioner may contact. 4. Ordering such other relief as the court deems necessary for the protection of a victim of stalking, including injunctions or directives to law enforcement agencies, as provided in this section. FLA. STAT. § 784.0485 (2015). GEORGIA Stalking Stalking Protective Order Stalking Protective Order Criminal Remedy

GA. CODE ANN. (a)(1) A person commits the (a) A person who is not a (d) The court may grant a Violating a Family Violence §19-13-4 (2014) offense of stalking when he or minor who alleges stalking by protective order or approve a Order she follows, places under another person may seek a consent agreement to bring surveillance, or contacts restraining order by filing a about a cessation of conduct (b) A person commits the Family Violence another person at or about a petition alleging conduct constituting stalking. Orders or offense of violating a civil Protective Order place or places without the constituting stalking as agreements may: family violence order or consent of the other person defined in Code Section 16-5- (1) Direct a party to refrain criminal family violence order for the purpose of harassing 90. A person who is not a from such conduct; when such person knowingly GA. CODE ANN. and intimidating the other minor may also seek relief on (2) Order a party to refrain and in a nonviolent manner §16-5-94 (2014) person. For the purpose of this behalf of a minor by filing such from harassing or interfering violates the terms of such article, the terms “computer” a petition. with the other; order issued against that Stalking Protective Order and “computer network” shall (b) Jurisdiction for such a (3) Award costs and attorney's person, which: have the same meanings as petition shall be the same as fees to either party; and (1) Excludes, evicts, or set out in Code Section 16-9- for family violence petitions as (4) Order either or all parties excludes and evicts the person 92; the term “contact” shall set out in Code Section 19-13- to receive appropriate from a residence or mean any communication 2. psychiatric or psychological household; including without being GA. CODE ANN. § 16-5-94 services as a further measure (2) Directs the person to stay limited to communication in (2014). to prevent the recurrence of away from a residence, person, by telephone, by mail, stalking. workplace, or school; by broadcast, by computer, by

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS computer network, or by any Family Violence Protection (e) The provisions of (3) Restrains the person from other electronic device; and Order subsections (c) and (d) of Code approaching within a specified the place or places that Section 19-13-3, subsections distance of another person; or contact by telephone, mail, As used in this article, the (b), (c), and (d) of Code Section (4) Restricts the person from broadcast, computer, term “family violence” means 19-13-4, and Code Section 19- having any contact, direct or computer network, or any the occurrence of one or more 13-5, relating to family indirect, by telephone, pager, other electronic device is of the following acts between violence petitions, shall apply facsimile, e-mail, or any other deemed to occur shall be the past or present spouses, to petitions filed pursuant to means of communication with place or places where such persons who are parents of this Code section, except that another person, except as communication is received. the same child, parents and the clerk of court may provide specified in such order. For the purpose of this article, children, stepparents and forms for petitions and (c) Any person convicted of a the term “place or places” stepchildren, foster parents pleadings to persons alleging violation of subsection (b) of shall include any public or and foster children, or other conduct constituting stalking this Code section shall be private property occupied by persons living or formerly and to any other person guilty of a misdemeanor. the victim other than the living in the same household: designated by the superior GA. CODE ANN. § 16-5-95 residence of the defendant. (1) Any felony; or court pursuant to this Code (2014). For the purposes of this (2) Commission of offenses of section as authorized to advise article, the term “harassing battery, simple battery, simple persons alleging conduct Stalking and intimidating” means a assault, assault, stalking, constituting stalking on filling knowing and willful course of criminal damage to property, out and filing such petitions (b) Except as provided in conduct directed at a specific unlawful restraint, or criminal and pleadings. subsection (c) of this Code person which causes trespass. GA. CODE ANN. § 16-5-94 section, a person who emotional distress by placing (2014). commits the offense of such person in reasonable fear The term “family violence” stalking is guilty of a for such person's safety or the shall not be deemed to include Family Abuse Protection Order misdemeanor. safety of a member of his or reasonable discipline (c) Upon the second her immediate family, by administered by a parent to a (a) The court may, upon the conviction, and all subsequent establishing a pattern of child in the form of corporal filing of a verified petition, convictions, for stalking, the harassing and intimidating punishment, restraint, or grant any protective order or defendant shall be guilty of a behavior, and which serves no detention. approve any consent felony and shall be punished legitimate purpose. This Code GA. CODE ANN. § 19-13-1 agreement to bring about a by imprisonment for not less section shall not be construed (2014). cessation of acts of family than one year nor more than to require that an overt threat violence. The court shall not ten years. of death or bodily injury has have the authority to issue or GA. CODE ANN. § 16-5-90 been made. approve mutual protective (2014). (2) A person commits the orders concerning paragraph offense of stalking when such (1), (2), (5), (9), or (11) of this Aggravated Stalking person, in violation of a bond subsection, or any to keep the peace posted combination thereof, unless

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS pursuant to Code Section 17- the respondent has filed a (b) Any person convicted of a 6-110, standing order issued verified petition as a counter violation of subsection (a) of under Code Section 19-1-1, petition pursuant to Code this Code section shall be temporary restraining order, Section 19-13-3 no later than guilty of a felony and, upon temporary protective order, three days, not including conviction thereof, shall be permanent restraining order, Saturdays, Sundays, and legal punished by imprisonment for permanent protective order, holidays, prior to the hearing not less than one nor more preliminary injunction, or and the provisions of Code than ten years and by a fine of permanent injunction or Section 19-13-3 have been not more than $10,000.00. condition of pretrial release, satisfied. The orders or The provisions of subsection condition of probation, or agreements may: (d) of Code Section 16-5-90 condition of parole in effect (1) Direct the respondent to apply to sentencing for prohibiting the harassment or refrain from such acts; conviction of aggravated intimidation of another (2) Grant to a party possession stalking. person, broadcasts or of the residence or household GA. CODE ANN. § 16-5-91 publishes, including electronic of the parties and exclude the (2014). publication, the picture, name, other party from the residence address, or phone number of a or household; person for whose benefit the (3) Require a party to provide bond, order, or condition was suitable alternate housing for made and without such a spouse, former spouse, or person's consent in such a parent and the parties' child or manner that causes other children; persons to harass or (4) Award temporary custody intimidate such person and of minor children and the person making the establish temporary visitation broadcast or publication knew rights; or had reason to believe that (5) Order the eviction of a such broadcast or publication party from the residence or would cause such person to be household and order harassed or intimidated by assistance to the victim in others. returning to it, or order GA. CODE ANN. § 16-5-90 assistance in retrieving (2014). personal property of the victim if the respondent's eviction has not been ordered; Aggravated Stalking (6) Order either party to make (a) A person commits the payments for the support of a offense of aggravated stalking minor child as required by law;

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS when such person, in violation (7) Order either party to make of a bond to keep the peace payments for the support of a posted pursuant to Code spouse as required by law; Section 17-6-110, temporary (8) Provide for possession of restraining order, temporary personal property of the protective order, permanent parties; restraining order, permanent (9) Order the respondent to protective order, preliminary refrain from harassing or injunction, good behavior interfering with the victim; bond, or permanent injunction (10) Award costs and or condition of pretrial attorney's fees to either party; release, condition of and probation, or condition of (11) Order the respondent to parole in effect prohibiting the receive appropriate psychiatric behavior described in this or psychological services as a subsection, follows, places further measure to prevent under surveillance, or contacts the recurrence of family another person at or about a violence. place or places without the (b) A copy of the order shall be consent of the other person issued by the clerk of the for the purpose of harassing superior court to the sheriff of and intimidating the other the county wherein the order person. was entered and shall be GA. CODE ANN. § 16-5-91 retained by the sheriff as long (2014). as that order shall remain in effect. GA. CODE ANN. § 19-13-4 (2014).

Conditional Release Order

Notwithstanding any other terms or conditions of probation which may be imposed, a court sentencing a defendant to probation for a violation of Code Section 16– 5–90 or 16–5–91 may impose

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS one or more of the following conditions on such probation: (1) Prohibit the defendant from engaging in conduct in violation of Code Section 16– 5–90 or 16–5–91; (2) Require the defendant to undergo a mental health evaluation and, if it is determined by the court from the results of such evaluation that the defendant is in need of treatment or counseling, require the defendant to undergo mental health treatment or counseling by a court approved mental health professional, mental health facility, or facility of the Department of Behavioral Health and Developmental Disabilities. Unless the defendant is indigent, the cost of any such treatment shall be borne by the defendant; or (3) Prohibit the defendant from entering or remaining present at the victim's school, place of employment, or other specified places at times when the victim is present. GA. CODE ANN. § 42-8-35.3 (2015). HAWAII Domestic Abuse Protection Domestic Abuse Protection Domestic Abuse Protection Violation of a Domestic Abuse Order Order Order Protection Order Domestic Abuse Protection Order (a) There shall exist an action (b) A petition for relief under (a) If, after hearing all relevant (a) Whenever an order for known as a petition for an this chapter may be made by: evidence, the court finds that protection is granted pursuant the respondent has failed to to this chapter, a respondent HAW. REV. STAT. ANN. 42

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS §586-3 (2015) order for protection in cases (1) Any family or household show cause why the order or person to be restrained of domestic abuse. member on the member's should not be continued and who knowingly or intentionally Injunction Against HAW. REV. STAT. ANN. § 586-3 own behalf or on behalf of a that a protective order is violates the order for Harassment (2015). family or household member necessary to prevent domestic protection is guilty of a who is a minor or who is an abuse or a recurrence of misdemeanor. A person …“Domestic abuse” means: incapacitated person as abuse, the court may order convicted under this section HAW. REV. STAT. ANN. (1) Physical harm, bodily defined in section 560:5-102 that a protective order be shall undergo domestic §604-10.5 injury, assault, or the threat of or who is physically unable to issued for a further fixed violence intervention at any (2015) imminent physical harm, go to the appropriate place to reasonable period as the court available domestic violence bodily injury, or assault, complete or file the petition; deems appropriate. program as ordered by the extreme psychological abuse or The protective order may court. The court additionally or malicious property damage (2) Any state agency on behalf include all orders stated in the shall sentence a person between family or household of a person who is a minor or temporary restraining order convicted under this section as members; or who is an incapacitated person and may provide for further follows: (2) Any act which would as defined in section 560:5- relief as the court deems (1) For a first conviction for constitute an offense under 102 or a person who is necessary to prevent domestic violation of the order for section 709-906, or under part physically unable to go to the abuse or a recurrence of protection: V or VI of chapter 707 appropriate place to complete abuse, including orders (A) That is in the nature of committed against a minor or file the petition on behalf of establishing temporary non-domestic abuse, the family or household member that person. visitation and custody with person may be sentenced to a by an adult family or HAW. REV. STAT. ANN. § 586-3 regard to minor children of the jail sentence of forty-eight household member. (2015). parties and orders to either or hours and be fined not more HAW. REV. STAT. ANN. § 586-1 both parties to participate in than $150; provided that the (2015). “Family or household domestic violence intervention court shall not sentence a member” means spouses or services. If the court finds that defendant to pay a fine unless Stalking reciprocal beneficiaries, the party meets the the defendant is or will be able former spouses or former requirements under section to pay the fine; (1) A person commits the reciprocal beneficiaries, 334-59(a)(2), the court further (B) That is in the nature of offense of harassment by persons who have a child in may order that the party be domestic abuse, the person stalking if, with intent to common, parents, children, taken to the nearest facility for shall be sentenced to a harass, annoy, or alarm persons related by emergency examination and mandatory minimum jail another person, or in reckless consanguinity, persons jointly treatment. sentence of not less than disregard of the risk thereof, residing or formerly residing in HAW. REV. STAT. ANN. § 586- forty-eight hours and be fined that person engages in a the same dwelling unit, and 5.5 (2015). not less than $150 nor more course of conduct involving persons who have or have had than $500; provided that the pursuit, surveillance, or a dating relationship. Injunction Against Harassment court shall not sentence a nonconsensual contact upon HAW. REV. STAT. ANN. § 586-1 defendant to pay a fine unless the other person on more (2015). (b) The district courts shall the defendant is or will be able have the power to enjoin, to pay the fine;

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS than one occasion without Injunction Against Harassment prohibit, or temporarily (2) For a second conviction for legitimate purpose. restrain harassment. violation of the order for HAW. REV. STAT. ANN. § 711- (c) Any person who has been HAW. REV. STAT. ANN. § 604- protection: 1106.5 (2015). subjected to harassment may 10.5 (2015). (A) That is in the nature of petition the district court of non-domestic abuse, and Aggravated Stalking the district in which the occurs after a first conviction petitioner resides for a for violation of the same order (1) A person commits the temporary restraining order that was in the nature of non- offense of aggravated and an injunction from further domestic abuse, the person harassment by stalking if that harassment. shall be sentenced to a person commits the offense of HAW. REV. STAT. ANN. § 604- mandatory minimum jail harassment by stalking as 10.5 (2015). sentence of not less than provided in section 711- forty-eight hours and be fined 1106.5 and has been convicted not more than $250; provided previously of harassment by that the court shall not stalking under section 711- sentence a defendant to pay a 1106.5 within five years of the fine unless the defendant is or instant offense. will be able to pay the fine; HAW. REV. STAT. ANN. § 711- (B) That is in the nature of 1106.4 (2015). domestic abuse, and occurs after a first conviction for Harassment violation of the same order that was in the nature of (1) A person commits the domestic abuse, the person offense of harassment if, with shall be sentenced to a intent to harass, annoy, or mandatory minimum jail alarm any other person, that sentence of not less than person: thirty days and be fined not (a) Strikes, shoves, kicks, or less than $250 nor more than otherwise touches another $1,000; provided that the person in an offensive manner court shall not sentence a or subjects the other person defendant to pay a fine unless to offensive physical contact; the defendant is or will be able (b) Insults, taunts, or to pay the fine; challenges another person in a (C) That is in the nature of manner likely to provoke an non-domestic abuse, and immediate violent response or occurs after a first conviction that would cause the other for violation of the same order person to reasonably believe that was in the nature of

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS that the actor intends to cause domestic abuse, the person bodily injury to the recipient shall be sentenced to a or another or damage to the mandatory minimum jail property of the recipient or sentence of not less than another; forty-eight hours and be fined (c) Repeatedly makes not more than $250; provided telephone calls, facsimile that the court shall not transmissions, or any form of sentence a defendant to pay a electronic communication as fine unless the defendant is or defined in section 711- will be able to pay the fine; 1111(2), including electronic (D) That is in the nature of mail transmissions, without domestic abuse, and occurs purpose of legitimate after a first conviction for communication; violation of the same order (d) Repeatedly makes a that is in the nature of non- communication anonymously domestic abuse, the person or at an extremely shall be sentenced to a inconvenient hour; mandatory minimum jail (e) Repeatedly makes sentence of not less than communications, after being forty-eight hours and be fined advised by the person to not more than $150; provided whom the communication is that the court shall not directed that further sentence a defendant to pay a communication is unwelcome; fine unless the defendant is or or will be able to pay the fine; (f) Makes a communication (3) For any subsequent using offensively coarse violation that occurs after a language that would cause the second conviction for violation recipient to reasonably believe of the same order for that the actor intends to cause protection, the person shall be bodily injury to the recipient sentenced to a mandatory or another or damage to the minimum jail sentence of not property of the recipient or less than thirty days and be another. fined not less than $250 nor HAW. REV. STAT. ANN. § 711- more than $1,000; provided 1106 (2015). that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine.

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS

Upon conviction and sentencing of the defendant, the court shall order that the defendant immediately be incarcerated to serve the mandatory minimum sentence imposed; provided that the defendant may be admitted to bail pending appeal pursuant to chapter 804. The court may stay the imposition of the sentence if special circumstances exist.

The court may suspend any jail sentence under subparagraphs (1)(A) and (2)(C), upon condition that the defendant remain alcohol and drug-free, conviction-free, or complete court-ordered assessments or intervention. Nothing in this section shall be construed as limiting the discretion of the judge to impose additional sanctions authorized in sentencing for a misdemeanor offense. All remedies for the enforcement of judgments shall apply to this chapter. HAW. REV. STAT. ANN. § 586- 11 (2015).

Injunction Against Harassment

(i) A knowing or intentional violation of a restraining order or injunction issued pursuant

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS to this section is a misdemeanor. The court shall sentence a violator to appropriate counseling and shall sentence a person convicted under this section as follows: (1) For a violation of an injunction or restraining order that occurs after a conviction for a violation of the same injunction or restraining order, the person shall be sentenced to a mandatory minimum jail sentence of not less than forty-eight hours; and (2) For any subsequent violation that occurs after a second conviction for violation of the same injunction or restraining order, the person shall be sentenced to a mandatory minimum jail sentence of not less than thirty days.

The court may suspend any jail sentence, except for the mandatory sentences under paragraphs (1) and (2), upon appropriate conditions, such as that the defendant remain alcohol- and drug-free, conviction-free, or complete court-ordered assessments or counseling. The court may suspend the mandatory sentences under paragraphs (1) and (2) where the violation

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS of the injunction or restraining order does not involve violence or the threat of violence. Nothing in this section shall be construed as limiting the discretion of the judge to impose additional sanctions authorized in sentencing for a misdemeanor offense HAW. REV. STAT. ANN. § 604- 10.5 (2015). IDAHO

No Civil Stalking Statute ILLINOIS Stalking Stalking No Contact Order Stalking No Contact Order An initial knowing violation of a stalking no contact order is a 740 ILL. COMP. STAT. ANN. (a) A person commits stalking Persons protected by this Act. (a) If the court finds that the Class A misdemeanor. A 21/15 (2015) when he or she knowingly A petition for a stalking no petitioner has been a victim of second or subsequent engages in a course of conduct contact order may be filed stalking, a stalking no contact knowing violation is a Class 4 directed at a specific person, when relief is not available to order shall issue; provided felony. Stalking No Contact Order and he or she knows or should the petitioner under the that the petitioner must also 740 ILL. COMP. STAT. ANN. know that this course of Illinois Domestic Violence Act satisfy the requirements of 21/125 (2015). conduct would cause a of 1986: Section 95 on emergency reasonable person to: (1) by any person who is a orders or Section 100 on (a) When violation is crime. A (1) fear for his or her safety or victim of stalking; or plenary orders. The petitioner violation of any order of the safety of a third person; or (2) by a person on behalf of a shall not be denied a stalking protection, whether issued in (2) suffer other emotional minor child or an adult who is no contact order because the a civil or criminal proceeding, distress. a victim of stalking but, petitioner or the respondent is shall be enforced by a criminal (a-3) A person commits because of age, disability, a minor. The court, when court when: stalking when he or she, health, or inaccessibility, determining whether or not to (1) The respondent commits knowingly and without lawful cannot file the petition. issue a stalking no contact the crime of violation of an justification, on at least 2 740 ILL. COMP. STAT. ANN. order, may not require order of protection pursuant separate occasions follows 21/15 (2015). physical injury on the person to Section 12-3.4 or 12-30 of another person or places the of the petitioner. Modification the Criminal Code of 1961 or person under surveillance or Domestic Violence Prevention and extension of prior stalking the Criminal Code of 2012, by any combination thereof and: Act no contact orders shall be in having knowingly violated: (1) at any time transmits a accordance with this Act. (i) remedies described in threat of immediate or future paragraphs (1), (2), (3), (14), or 48

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS bodily harm, sexual assault, (a) The following persons are (b) A stalking no contact order (14.5) of subsection (b) of confinement or restraint and protected by this Act: shall order one or more of the Section 214 of this Act; or the threat is directed towards (i) any person abused by a following: (ii) a remedy, which is that person or a family family or household member; (1) prohibit the respondent substantially similar to the member of that person; or (ii) any high-risk adult with from threatening to commit or remedies authorized under (2) places that person in disabilities who is abused, committing stalking; paragraphs (1), (2), (3), (14), reasonable apprehension of neglected, or exploited by a (2) order the respondent not and (14.5) of subsection (b) of immediate or future bodily family or household member; to have any contact with the Section 214 of this Act, in a harm, sexual assault, (iii) any minor child or petitioner or a third person valid order of protection which confinement or restraint to or dependent adult in the care of specifically named by the is authorized under the laws of of that person or a family such person; and court; another state, tribe, or United member of that person. (iv) any person residing or (3) prohibit the respondent States territory; or (a-5) A person commits employed at a private home or from knowingly coming within, (iii) any other remedy when stalking when he or she has public shelter which is housing or knowingly remaining within the act constitutes a crime previously been convicted of an abused family or household a specified distance of the against the protected parties stalking another person and member. petitioner or the petitioner's as defined by the Criminal knowingly and without lawful (b) A petition for an order of residence, school, daycare, or Code of 1961 or the Criminal justification on one occasion: protection may be filed only: place of employment, or any Code of 2012. (1) follows that same person (i) by a person who has been specified place frequented by or places that same person abused by a family or the petitioner; however, the Prosecution for a violation of under surveillance; and household member or by any court may order the an order of protection shall (2) transmits a threat of person on behalf of a minor respondent to stay away from not bar concurrent immediate or future bodily child or an adult who has been the respondent's own prosecution for any other harm, sexual assault, abused by a family or residence, school, or place of crime, including any crime that confinement or restraint to household member and who, employment only if the may have been committed at that person or a family because of age, health, respondent has been provided the time of the violation of the member of that person. disability, or inaccessibility, actual notice of the order of protection; or 720 ILL. COMP. STAT. ANN. cannot file the petition, or (ii) opportunity to appear and be (2) The respondent commits 5/12-7.3 (2015). by any person on behalf of a heard on the petition; the crime of child abduction high-risk adult with disabilities (4) prohibit the respondent pursuant to Section 10-5 of Aggravated Stalking who has been abused, from possessing a Firearm the Criminal Code of 1961 or neglected, or exploited by a Owners Identification Card, or the Criminal Code of 2012, by (a) A person commits family or household member. possessing or buying firearms; having knowingly violated: aggravated stalking when he However, any petition and (i) remedies described in or she commits stalking and: properly filed under this Act (5) order other injunctive relief paragraphs (5), (6) or (8) of (1) causes bodily harm to the may seek protection for any the court determines to be subsection (b) of Section 214 victim; additional persons protected necessary to protect the of this Act; or (2) confines or restrains the by this Act. petitioner or third party (ii) a remedy, which is victim; or substantially similar to the

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (3) violates a temporary 750 ILL. COMP. STAT. ANN. specifically named by the remedies authorized under restraining order, an order of 60/201 (2015). court. paragraphs (5), (6), or (8) of protection, a stalking no 740 ILL. COMP. STAT. ANN. subsection (b) of Section 214 contact order, a civil no 21/80 (2015). of this Act, in a valid order of contact order, or an injunction protection which is authorized prohibiting the behavior Emergency Stalking No under the laws of another described in subsection (b)(1) Contact Order state, tribe, or United States of Section 214 of the Illinois territory. Domestic Violence Act of (a) An emergency stalking no (b) When violation is contempt 1986. contact order shall issue if the of court. A violation of any (a-1) A person commits petitioner satisfies the valid Illinois order of aggravated stalking when he requirements of this protection, whether issued in or she is required to register subsection (a). The petitioner a civil or criminal proceeding, under the Sex Offender shall establish that: may be enforced through civil Registration Act or has been (1) the court has jurisdiction or criminal contempt previously required to register under Section 50; procedures, as appropriate, by under that Act and commits (2) the requirements of any court with jurisdiction, the offense of stalking when Section 80 are satisfied; and regardless where the act or the victim of the stalking is (3) there is good cause to acts which violated the order also the victim of the offense grant the remedy, regardless of protection were committed, for which the sex offender is of prior service of process or to the extent consistent with required to register under the of notice upon the the venue provisions of this Sex Offender Registration Act respondent, because the harm Act. Nothing in this Act shall or a family member of the which that remedy is intended preclude any Illinois court victim. to prevent would be likely to from enforcing any valid order 720 ILL. COMP. STAT. ANN. occur if the respondent were of protection issued in another 5/12-7.4 (2015). given any prior notice, or state. Illinois courts may greater notice than was enforce orders of protection Domestic Violence Prevention actually given, of the through both criminal Act petitioner's efforts to obtain prosecution and contempt judicial relief. proceedings, unless the action (1) “Abuse” means physical which is second in time is abuse, harassment, An emergency stalking no barred by collateral estoppel intimidation of a dependent, contact order shall be issued or the constitutional interference with personal by the court if it appears from prohibition against double liberty or willful deprivation the contents of the petition jeopardy. but does not include and the examination of the (1) In a contempt proceeding reasonable direction of a petitioner that the averments where the petition for a rule minor child by a parent or are sufficient to indicate to show cause sets forth facts

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS person in loco parentis. (7) stalking by the respondent and evidencing an immediate “Harassment” means knowing to support the granting of danger that the respondent conduct which is not relief under the issuance of will flee the jurisdiction, necessary to accomplish a the stalking no contact order. conceal a child, or inflict purpose that is reasonable physical abuse on the under the circumstances; An emergency stalking no petitioner or minor children or would cause a reasonable contact order shall be issued if on dependent adults in person emotional distress; and the court finds that items (1), petitioner's care, the court does cause emotional distress (2), and (3) of this subsection may order the attachment of to the petitioner. Unless the (a) are met. the respondent without prior presumption is rebutted by a 740 ILL. COMP. STAT. ANN. service of the rule to show preponderance of the 21/95 (2015). cause or the petition for a rule evidence, the following types to show cause. Bond shall be of conduct shall be presumed set unless specifically denied to cause emotional distress: in writing. (i) creating a disturbance at (2) A petition for a rule to petitioner's place of show cause for violation of an employment or school; order of protection shall be (ii) repeatedly telephoning treated as an expedited petitioner's place of proceeding. employment, home or 750 ILL. COMP. STAT. ANN. residence; 60/223 (2015). (iii) repeatedly following petitioner about in a public place or places; (iv) repeatedly keeping petitioner under surveillance by remaining present outside his or her home, school, place of employment, vehicle or other place occupied by petitioner or by peering in petitioner's windows; (v) improperly concealing a minor child from petitioner, repeatedly threatening to improperly remove a minor child of petitioner's from the jurisdiction or from the

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS physical care of petitioner, repeatedly threatening to conceal a minor child from petitioner, or making a single such threat following an actual or attempted improper removal or concealment, unless respondent was fleeing an incident or pattern of domestic violence; or (vi) threatening physical force, confinement or restraint on one or more occasions. 750 ILL. COMP. STAT. ANN. 60/103 (2015). INDIANA Criminal Code Protection Order Protection Order (a) A person who stalks Stalking another person commits IND. CODE ANN. 34-26-5-2 (a) A person who is or has (a) If it appears from a petition stalking, a Level 6 felony. (2014) As used in this chapter, “stalk” been a victim of domestic or for an order for protection or (b) The offense is a Level 5 means a knowing or an family violence may file a from a petition to modify an felony if at least one (1) of the intentional course of conduct petition for an order for order for protection that following applies: Order of Protection involving repeated or protection against a: domestic or family violence (1) A person: continuing harassment of (1) family or household has occurred or that a (A) stalks a victim; and another person that would member who commits an act modification of an order for (B) makes an explicit or an cause a reasonable person to of domestic or family violence; protection is required, a court implicit threat with the intent feel terrorized, frightened, or may: to place the victim in intimidated, or threatened (2) person who has committed (1) without notice or hearing, reasonable fear of: and that actually causes the stalking under IC 35-45-10-5 or immediately issue an order for (i) sexual battery (as defined in victim to feel terrorized, a sex offense under IC 35-42-4 protection ex parte or modify IC 35-42-4-8); frightened, intimidated, or against the petitioner. an order for protection ex (ii) serious bodily injury; or threatened. The term does not (b) A parent, a guardian, or parte; or (iii) death. include statutorily or another representative may (2) upon notice and after a (2) A protective order to constitutionally protected file a petition for an order for hearing, whether or not a prevent domestic or family activity. protection on behalf of a child respondent appears, issue or violence, a no contact order, IND. CODE ANN. 35-45-10-1 against a: modify an order for or other judicial order under (2014). (1) family or household protection. any of the following statutes member who commits an act (b) A court may grant the has been issued by the court of domestic or family violence; following relief without notice to protect the same victim or or and hearing in an ex parte victims from the person and

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (2) person who has committed order for protection or in an the person has been given stalking under IC 35-45-10-5 or ex parte order for protection actual notice of the order: a sex offense under IC 35-42-4 modification: (A) IC 31-15 and IC 34-26-5 or against the child. (1) Enjoin a respondent from IC 31-1-11.5 before its repeal IND. CODE ANN. 34-26-5-2 threatening to commit or (dissolution of marriage and (2014). committing acts of domestic legal separation). or family violence against a (B) IC 31-34, IC 31-37, or IC 31- petitioner and each 6-4 before its repeal designated family or (delinquent children and household member. children in need of services). (2) Prohibit a respondent from (C) IC 31-32 or IC 31-6-7 harassing, annoying, before its repeal (procedure in telephoning, contacting, or juvenile court). directly or indirectly (D) IC 34-26-5 or IC 34-26-2 communicating with a and IC 34-4-5.1 before their petitioner. repeal (protective order to (3) Remove and exclude a prevent abuse). respondent from the (E) IC 34-26-6 (workplace residence of a petitioner, violence restraining orders). regardless of ownership of the (3) The person's stalking of residence. another person violates an (4) Order a respondent to stay order issued as a condition of away from the residence, pretrial release, including school, or place of release on bail or personal employment of a petitioner or recognizance, or pretrial a specified place frequented diversion if the person has by a petitioner and each been given actual notice of the designated family or order. household member. (4) The person's stalking of (5) Order possession and use another person violates a no of the residence, an contact order issued as a automobile, and other condition of probation if the essential personal effects, person has been given actual regardless of the ownership of notice of the order. the residence, automobile, (5) The person's stalking of and essential personal effects. another person violates a If possession is ordered under protective order issued under this subdivision, the court may IC 31-14-16-1 and IC 34-26-5 in direct a law enforcement a paternity action if the person

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS officer to accompany a has been given actual notice of petitioner to the residence of the order. the parties to: (6) The person's stalking of (A) ensure that a petitioner is another person violates an safely restored to possession order issued in another state of the residence, automobile, that is substantially similar to and other essential personal an order described in effects; or subdivisions (2) through (5) if (B) supervise a petitioner's or the person has been given respondent's removal of actual notice of the order. personal belongings. (7) The person's stalking of (6) Order other relief another person violates an necessary to provide for the order that is substantially safety and welfare of a similar to an order described petitioner and each in subdivisions (2) through (5) designated family or and is issued by an Indian: household member. (A) tribe; (c) A court may grant the (B) band; following relief after notice (C) pueblo; and a hearing, whether or not (D) nation; or a respondent appears, in an (E) organized group or order for protection or in a community, including an modification of an order for Alaska Native village or protection: regional or village corporation (1) Grant the relief under as defined in or established subsection (b). under the Alaska Native Claims (2) Specify arrangements for Settlement Act (43 U.S.C. 1601 parenting time of a minor et seq.); child by a respondent and: (A) require supervision by a that is recognized as eligible third party; or for the special programs and (B) deny parenting time; services provided by the United States to Indians if necessary to protect the because of their special status safety of a petitioner or child. as Indians if the person has (3) Order a respondent to: been given actual notice of the (A) pay attorney's fees; order. (8) A criminal complaint of stalking that concerns an act

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (B) pay rent or make payment by the person against the on a mortgage on a same victim or victims is petitioner's residence; pending in a court and the (C) if the respondent is found person has been given actual to have a duty of support, pay notice of the complaint. for the support of a petitioner (c) The offense is a Level 4 and each minor child; felony if: (D) reimburse a petitioner or (1) the act or acts were other person for expenses committed while the person related to the domestic or was armed with a deadly family violence, including: weapon; or (i) medical expenses; (2) the person has an (ii) counseling; unrelated conviction for an (iii) shelter; and offense under this section (iv) repair or replacement of against the same victim or damaged property; victims. (E) pay the costs and expenses IND. CODE ANN. 35-45-10-5 incurred in connection with (2014). the use of a GPS tracking device under subsection (i); or (F) pay the costs and fees incurred by a petitioner in bringing the action. (4) Prohibit a respondent from using or possessing a firearm, ammunition, or a deadly weapon specified by the court, and direct the respondent to surrender to a specified law enforcement agency the firearm, ammunition, or deadly weapon for the duration of the order for protection unless another date is ordered by the court.

An order issued under subdivision (4) does not apply

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS to a person who is exempt under 18 U.S.C. 925. (d) The court shall: (1) cause the order for protection to be delivered to the county sheriff for service; (2) make reasonable efforts to ensure that the order for protection is understood by a petitioner and a respondent if present; (3) electronically notify each law enforcement agency: (A) required to receive notification under IC 5-2-9-6; or (B) designated by the petitioner; (4) transmit a copy of the order to the clerk for processing under IC 5-2-9; (5) indicate in the order if the order and the parties meet the criteria under 18 U.S.C. 922(g)(8); and (6) require the clerk of court to enter or provide a copy of the order to the Indiana protective order registry established by IC 5-2-9-5.5. (e) An order for protection issued ex parte or upon notice and a hearing, or a modification of an order for protection issued ex parte or upon notice and a hearing, is effective for two (2) years after the date of issuance unless another date is ordered

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS by the court. The sheriff of each county shall provide expedited service for an order for protection. (f) A finding that domestic or family violence has occurred sufficient to justify the issuance of an order under this section means that a respondent represents a credible threat to the safety of a petitioner or a member of a petitioner's household. Upon a showing of domestic or family violence by a preponderance of the evidence, the court shall grant relief necessary to bring about a cessation of the violence or the threat of violence. The relief may include an order directing a respondent to surrender to a law enforcement officer or agency all firearms, ammunition, and deadly weapons: (1) in the control, ownership, or possession of a respondent; or (2) in the control or possession of another person on behalf of a respondent;

for the duration of the order for protection unless another date is ordered by the court. (g) An order for custody, parenting time, or possession or control of property issued

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS under this chapter is superseded by an order issued from a court exercising dissolution, legal separation, paternity, or guardianship jurisdiction over the parties. (h) The fact that an order for protection is issued under this chapter does not raise an inference or presumption in a subsequent case or hearings between the parties. (i) Upon a finding of a violation of an order for protection, the court may: (1) require a respondent to wear a GPS tracking device; and (2) prohibit the respondent from approaching or entering certain locations where the petitioner may be found.

If the court requires a respondent to wear a GPS tracking device under subdivision (1), the court shall, if available, require the respondent to wear a GPS tracking device with victim notification capabilities. (j) The court may permit a victim, a petitioner, another person, an organization, or an agency to pay the costs and expenses incurred in connection with the use of a GPS tracking device under subsection (i).

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS IND. CODE ANN. § 34-26-5-9 (2014). IOWA

No Stalking Civil Protection Order

Criminal no-contact order against harassment, sexual abuse and stalking

IOWA CODE § 664A.3 (2014) KANSAS Stalking Protection Order Protection Order (b) Stalking as defined in: (1) Subsection (a)(1) is a: KAN. STAT. ANN. (a) Stalking is: Stalking Order Stalking Order (A) Class A person §60-31a06 (2015) (1) Recklessly engaging in a misdemeanor, except as course of conduct targeted at (a) A person may seek relief (a) The court may issue a provided in subsection a specific person which would under the protection from protection from stalking order (b)(1)(B); and Protection from cause a reasonable person in stalking act by filing a verified granting any of the following (B) severity level 7, person Stalking Order the circumstances of the petition with any district judge orders: felony upon a second or targeted person to fear for or clerk of the court… (1) Restraining the defendant subsequent conviction; such person's safety, or the (b) A parent or an adult from following, harassing, (2) subsection (a)(2) is a: safety of a member of such residing with a minor child telephoning, contacting or (A) Class A person person's immediate family and may seek relief under the otherwise communicating misdemeanor, except as the targeted person is actually protection from stalking act on with the victim. Such order provided in subsection placed in such fear; behalf of the minor child by shall contain a statement that (b)(2)(B); and (2) engaging in a course of filing a verified petition with if such order is violated such (B) severity level 5, person conduct targeted at a specific the district judge or with the violation may constitute felony upon a second or person with knowledge that clerk of the court in the county stalking as defined in K.S.A. subsequent conviction; and the course of conduct will where the stalking occurred. 21-5427, and amendments (3) subsection (a)(3) is a: place the targeted person in KAN. STAT. ANN. 60-31a04 thereto, and violation of a (A) Severity level 9, person fear for such person's safety or (2015). protective order as defined in felony, except as provided in the safety of a member of K.S.A. 21-5924, and subsection (b)(3)(B); and such person's immediate amendments thereto. (B) severity level 5, person family; or (2) Restraining the defendant felony, upon a second or (3) after being served with, or from abusing, molesting or subsequent conviction. otherwise provided notice of, interfering with the privacy

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS any protective order included rights of the victim. Such order (c) For the purposes of this in K.S.A. 21-3843, prior to its shall contain a statement that section, a person served with a repeal or K.S.A. 21-5924, and if such order is violated, such protective order as defined by amendments thereto, that violation may constitute K.S.A. 21-3843, prior to its prohibits contact with a stalking as defined in K.S.A. repeal or K.S.A. 21-5924, and targeted person, recklessly 21-5427, and amendments amendments thereto, or a engaging in at least one act thereto, assault as defined in person who engaged in acts listed in subsection (f)(1) that subsection (a) of K.S.A. 21- which would constitute violates the provisions of the 5412, and amendments stalking, after having been order and would cause a thereto, battery as defined in advised by a law enforcement reasonable person to fear for subsection (a) of K.S.A. 21- officer, that such person's such person's safety, or the 5413, and amendments actions were in violation of safety of a member of such thereto, and violation of a this section, shall be presumed person's immediate family and protective order as defined in to have acted knowingly as to the targeted person is actually K.S.A. 21-5924, and any like future act targeted at placed in such fear. amendments thereto. the specific person or persons KAN. STAT. ANN. 21-5427 (3) Restraining the defendant named in the order or as (2015). from entering upon or in the advised by the officer. victim's residence or the KAN. STAT. ANN. 21-5427 As used in the protection from immediate vicinity thereof. (2015). stalking act: Such order shall contain a (a) “Stalking” means an statement that if such order is Contempt intentional harassment of violated, such violation shall another person that places the constitute criminal trespass as If upon hearing, the court other person in reasonable defined in subsection (a)(1)(C) finds a violation of any order fear for that person's safety. of K.S.A. 21-5808, and under the protection from KAN. STAT. ANN. 60-31a02 amendments thereto, and stalking act, the court may find (2015). violation of a protective order the defendant in contempt as defined in K.S.A. 21-5924, pursuant to K.S.A. 20-1204a, and amendments thereto. and amendments thereto. (4) Any other order deemed KAN. STAT. ANN. 60-31a09 necessary by the court to carry (2015). out the provisions of this act. KAN. STAT. ANN. 60-31a06 (2015). KENTUCKY

No Civil Stalking Protective Order 60

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS LOUISIANA Definition of Abuse Protective Order Protective Order A. Stalking is the intentional and repeated following or LA. REV. STAT. ANN. (3) “Domestic abuse” includes As used in this Part: A. The court may grant any harassing of another person §46:2131 (2015) but is not limited to physical or (1) “Family or household protective order or approve that would cause a reasonable sexual abuse and any offense members” means spouses, any consent agreement to person to feel alarmed or to against the person, physical or parents, children, stepparents, bring about a cessation of suffer emotional distress. Protective Order non-physical, as defined in the stepchildren, foster parents, domestic abuse as defined in Stalking shall include but not Criminal Code of Louisiana, and foster children. “Family or R.S. 46:2132(3), or the threat be limited to the intentional LA. REV. STAT. ANN. except negligent injury and household members” also or danger thereof, to a party, and repeated uninvited 46:2151 (2015) defamation, committed by means grandparents or their any minor children, or any presence of the perpetrator at one family member, grandchildren. person alleged to be another person's home, Dating Violence household member, or dating (2) “Family violence” means incompetent, which relief may workplace, school, or any Protection Order partner against another. any assault, battery, or other include but is not limited to: place which would cause a “Domestic abuse” also physical abuse which occurs (1) Granting the relief reasonable person to be LA. REV. STAT. ANN. includes abuse of adults as between family or household enumerated in R.S. 46:2135. alarmed, or to suffer 14:40.2 (2015) defined in R.S. 15:1503 when members, who reside together (2) Where there is a duty to emotional distress as a result committed by an adult child or or who formerly resided support a party, any minor of verbal or behaviorally adult grandchild. together. children, or any person alleged implied threats of death, Stalking LA. REV. STAT. ANN. 46:2132 (3) “Victim of family violence” to be incompetent living in the bodily injury, sexual assault, (2015). means the family or household residence or household, kidnaping, or any other member abused and his or her ordering payment of statutory criminal act to C. For purposes of this Section, children who might be in temporary support or himself or any member of his “dating violence” includes but danger if left in the domicile. provision of suitable housing family or any person with is not limited to physical or LA. REV. STAT. ANN. 46:2121.1 for them, or granting whom he is acquainted. sexual abuse and any offense (2015). possession to the petitioner of B. (1)(a) Notwithstanding any against the person as defined the residence or household to law to the contrary, on first in the Criminal Code of the exclusion of the conviction, whoever commits Louisiana, except negligent defendant, by evicting the the crime of stalking shall be injury and defamation, defendant or restoring fined not less than five committed by one dating possession to the petitioner hundred dollars nor more than partner against the other. where the residence is solely one thousand dollars and shall LA. REV. STAT. ANN. 46:2151 owned by the defendant and be imprisoned for not less (2015). the petitioner has been than thirty days nor more than awarded the temporary one year. Notwithstanding any Criminal Code custody of the minor children other sentencing provisions, Stalking born of the parties. any person convicted of (3) Awarding temporary stalking shall undergo a A. Stalking is the intentional custody of or establishing psychiatric evaluation. and repeated following or temporary visitation rights and Imposition of the sentence

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS harassing of another person conditions with regard to any shall not be suspended unless that would cause a reasonable minor children or person the offender is placed on person to feel alarmed or to alleged to be incompetent. probation and participates in a suffer emotional distress. (4)(a) Ordering a medical court-approved counseling Stalking shall include but not evaluation of the defendant or which could include but shall be limited to the intentional the abused person, or both, to not be limited to anger and repeated uninvited be conducted by an management, abusive presence of the perpetrator at independent court-appointed behavior intervention groups, another person's home, evaluator who qualifies as an or any other type of workplace, school, or any expert in the field of domestic counseling deemed place which would cause a abuse. The evaluation shall be appropriate by the courts. reasonable person to be conducted by a person who (b) Whoever commits the alarmed, or to suffer has no family, financial, or crime of stalking against a emotional distress as a result prior medical relationship with victim under the age of of verbal or behaviorally the defendant or abused eighteen when the provisions implied threats of death, person, or their attorneys of of Paragraph (6) of this bodily injury, sexual assault, record. Subsection are not applicable kidnaping, or any other (b) If the medical evaluation is shall be imprisoned for not statutory criminal act to ordered for both the more than three years, with or himself or any member of his defendant and abused person, without hard labor, and fined family or any person with two separate evaluators shall not more than two thousand whom he is acquainted. be appointed. dollars, or both. LA. REV. STAT. ANN. 14:40.2 (c) After an independent (2)(a) Any person who (2015). medical evaluation has been commits the offense of completed and a report stalking and who is found by Cyberstalking issued, the court may order the trier of fact, whether the counseling or other medical jury at a jury trial, the judge in B. Cyberstalking is action of treatment as deemed a bench trial, or the judge at a any person to accomplish any appropriate. sentencing hearing following a of the following: LA. REV. STAT. ANN. 46:2136 jury trial, beyond a reasonable (1) Use in electronic mail or (2015). doubt to have placed the electronic communication of victim of the stalking in fear of any words or language death or bodily injury by the threatening to inflict bodily actual use of or the harm to any person or to such defendant's having in his person's child, sibling, spouse, possession during the or dependent, or physical instances which make up the injury to the property of any crime of stalking a dangerous person, or for the purpose of weapon or is found beyond a

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS extorting money or other reasonable doubt to have things of value from any placed the victim in person. reasonable fear of death or (2) Electronically mail or bodily injury, shall be electronically communicate to imprisoned for not less than another repeatedly, whether one year nor more than five or not conversation ensues, years, with or without hard for the purpose of labor, without benefit of threatening, terrifying, or probation, parole, or harassing any person. suspension of sentence and (3) Electronically mail or may be fined one thousand electronically communicate to dollars, or both. Whether or another and to knowingly not the defendant's use of or make any false statement his possession of the concerning death, injury, dangerous weapon is a crime illness, disfigurement, or, if a crime, whether or not indecent conduct, or criminal he is charged for that offense conduct of the person separately or in addition to the electronically mailed or of any crime of stalking shall have no member of the person's family bearing or relevance as to the or household with the intent enhanced sentence under the to threaten, terrify, or harass. provisions of this Paragraph. (4) Knowingly permit an (b) If the victim is under the electronic communication age of eighteen, and when the device under the person's provisions of Paragraph (6) of control to be used for the this Subsection are not taking of an action in applicable, the offender shall Paragraph (1), (2), or (3) of this be imprisoned for not less Subsection. than two years nor more than LA. REV. STAT. ANN. 14:40.3 five years, with or without (2015). hard labor, without benefit of probation, parole, or suspension of sentence and may be fined not less than one thousand nor more than two thousand dollars, or both. (3) Any person who commits the offense of stalking against a person for whose benefit a

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS protective order, a temporary restraining order, or any lawful order prohibiting contact with the victim issued by a judge or magistrate is in effect in either a civil or criminal proceeding, protecting the victim of the stalking from acts by the offender which otherwise constitute the crime of stalking, shall be punished by imprisonment with or without hard labor for not less than ninety days and not more than two years or fined not more than five thousand dollars, or both. (4) Upon a second conviction occurring within seven years of a prior conviction for stalking, the offender shall be imprisoned with or without hard labor for not less than five years nor more than twenty years, without benefit of probation, parole, or suspension of sentence, and may be fined not more than five thousand dollars, or both. (5) Upon a third or subsequent conviction, the offender shall be imprisoned with or without hard labor for not less that ten years and not more than forty years and may be fined not more than five thousand dollars, or both. (6)(a) Any person thirteen years of age or older who

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS commits the crime of stalking against a child twelve years of age or younger and who is found by the trier of fact, whether the jury at a jury trial, the judge in a bench trial, or the judge at a sentencing hearing following a jury trial, beyond a reasonable doubt to have placed the child in reasonable fear of death or bodily injury, or in reasonable fear of the death or bodily injury of a family member of the child shall be punished by imprisonment with or without hard labor for not less than one year and not more than three years and fined not less than fifteen hundred dollars and not more than five thousand dollars, or both. (b) Lack of knowledge of the child's age shall not be a defense. LA. REV. STAT. ANN. 14:40.2 (2015).

A. Upon violation of a temporary restraining order, a protective order, or a court- approved consent agreement, the court may hold the defendant in contempt of court and punish the defendant by imprisonment in the parish jail for not more than six months or a fine of not more than five hundred

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS dollars, or both, and may order that all or a part of any fine be forwarded for the support of petitioner and dependents, in the discretion of the court. Such sentence shall be imposed only after trial by the judge of a rule against the defendant to show cause why he should not be adjudged guilty of contempt and punished accordingly. The rule to show cause may issue on the court's own motion, or on motion of a party to the action or proceeding, and shall state the facts alleged to constitute the contempt. A certified copy of the motion, and of the rule to show cause, shall be served upon the person charged with contempt in the same manner as a subpoena, at least forty-eight hours before the time assigned for the trial of the rule, which shall be scheduled within twenty days of the filing of the motion for contempt. LA. REV. STAT. ANN. 46:2137 (2015). MAINE Definition of Harassment Protection Order Protection Order Crime committed.

ME. REV. STAT. tit. 19-A, § 2. Harassment. “Harassment” 1. Filing. An adult who has 1. Protection order; consent 1. Crime committed. Except as 4007 (2015) means: been abused by a family or agreement. The court, after a provided in subsections 2 and A. Three or more acts of household member or a dating hearing and upon finding that 4, violation of the following is intimidation, confrontation, partner may seek relief by the defendant has committed a Class D crime when the Protection Order physical force or the threat of filing a complaint alleging that the alleged abuse or engaged defendant has prior actual physical force directed against abuse. in the alleged conduct notice, which may be notice

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS ME. REV. STAT. tit. 5, § any person, family or business described in section 4005, by means other than service in 4651 (2015) that are made with the When a minor child in the care subsection 1, may grant a hand, of the order or intention of causing fear, or custody of a family or protective order or, upon agreement: Harassment Protective intimidation or damage to household member or a dating making that finding, approve a A. A temporary, emergency, Order personal property and that do partner has been abused by a consent agreement to bring interim or final protective in fact cause fear, intimidation family or household member about a cessation of abuse or order, an order of a tribal or damage to personal or a dating partner, a person the alleged conduct. This court of the Passamaquoddy property; or responsible for the child, as subsection does not preclude Tribe or the Penobscot Nation C. A single act or course of defined in Title 22, section the parties from voluntarily or a similar order issued by a conduct constituting a 4002, subsection 9, or a requesting a consent court of the United States or violation of section 4681; Title representative of the agreement without a finding of another state, territory, 17, section 2931; or Title 17-A, department may seek relief by of abuse. The court may enter commonwealth or tribe; or sections 201, 202, 203, 204, filing a petition alleging that a finding that the defendant B. A court-approved consent 207, 208, 209, 210, 210-A, abuse. represents a credible threat to agreement. 211, 253, 301, 302, 303, 506- the physical safety of the ME. REV. STAT. tit. 19-A, § A, 511, 556, 802, 805 or 806. An adult who has been a plaintiff or a minor child 4011 (2015). victim of conduct defined as residing in the plaintiff's This definition does not stalking in Title 17-A, section household. Relief granted Harassment Order include any act protected by 210-A or described as sexual under this section may law. assault in Title 17-A, chapter include: 1. Crime committed. Violation ME. REV. STAT. tit. 5, § 4651 11, whether or not the A. Directing the defendant to of a temporary, emergency, (2015). conduct was perpetrated by a refrain from threatening, interim or final protective family or household member assaulting, molesting, order, an order of a tribal Criminal Code or dating partner, may seek harassing, attacking or court of the Passamaquoddy Stalking relief by filing a complaint otherwise abusing the plaintiff Tribe or the Penobscot Nation alleging that conduct without and any minor children or a court-approved consent 1. A person is guilty of stalking regard to whether criminal residing in the household; agreement, when the if: prosecution has occurred. A–1. Directing the defendant defendant has prior actual A. The actor intentionally or When a minor has been a not to possess a firearm, notice of the order or knowingly engages in a course victim of such conduct, the muzzle-loading firearm, bow, agreement, is a Class D crime, of conduct directed at or minor's parent, other person crossbow or other dangerous except when the only concerning a specific person responsible for the child or a weapon for the duration of provision that is violated that would cause a reasonable representative of the the order; concerns relief authorized person: department may seek relief by A-2. Prohibiting the defendant under section 4655, (1) To suffer serious filing a petition alleging that from the use, attempted use subsection 1, paragraphs D to inconvenience or emotional conduct. or threatened use of physical F. Violation of these distress; force that would reasonably paragraphs must be treated as When an adult who is 60 years be expected to cause bodily contempt and punished in of age or older or a dependent injury against the plaintiff or a accordance with law.

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (2) To fear bodily injury or to adult, as defined in Title 22, minor child residing in the 2. Warrantless arrest. fear bodily injury to a close section 3472, subsection 6, or household; Notwithstanding any statutory relation; an incapacitated adult, as B. Directing the defendant to provision to the contrary, an (3) To fear death or to fear the defined in Title 22, section refrain from going upon the arrest for criminal violation as death of a close relation; 3472, subsection 10, has been premises of the plaintiff's defined in this section of an (4) To fear damage or the victim of abuse as defined residence; order or consent agreement destruction to or tampering in section 4002, subsection 1 C. Directing the defendant to may be made without warrant with property; or or Title 22, section 3472, refrain from repeatedly and upon probable cause whether (5) To fear injury to or the subsection 1 by an extended without reasonable cause: or not the violation is death of an animal owned by family member or an unpaid (1) Following the plaintiff; committed in the presence of or in the possession and care provider, the adult victim, (2) Being at or in the vicinity of the law enforcement officer. control of that specific the adult victim's legal the plaintiff's home, school, The law enforcement officer person… guardian or a representative business or place of may verify, if necessary, the ME. REV. STAT. tit. 17-A, § of the department may seek employment; or existence of a protective order 210-A (2015). relief by filing a complaint (3) Engaging in conduct by telephone or radio alleging the abusive conduct. defined as stalking in Title 17- communication with a law Domestic Violence Stalking For the purposes of this A, section 210-A; enforcement agency with subsection, “extended family D. Directing the defendant to knowledge of the order. 1. A person is guilty of member” includes, but is not refrain from having any direct ME. REV. STAT. tit. 5, § 4659 domestic violence stalking if: limited to: a person who is or indirect contact with the (2015). A. The person violates section related to the victim by blood, plaintiff; 210-A and the victim is a marriage or adoption, whether E. When the mutual residence family or household member or not the person resides or or household of the parties is as defined in Title 19-A, has ever resided with the jointly owned or jointly leased section 4002, subsection 4. victim. “Unpaid care provider” or when one party has a duty Violation of this paragraph is a includes, but is not limited to, to support the other or their Class D crime… a caretaker who voluntarily minor children living in the ME. REV. STAT. tit. 17-A, § provides full, intermittent or residence or household and 210-C (2015). occasional personal care to that party is the sole owner or the adult victim in the victim's lessee: home similar to the way a (1) Granting or restoring family member would provide possession of the residence or personal care. household to one party, ME. REV. STAT. tit. 19-A, § excluding the other; or 4005 (2015). (2) A consent agreement, allowing the party with the Harassment Order duty to support to provide 1. Filing. A person who has suitable alternate housing; been a victim of harassment,

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS including a business, may seek E-1. Directing the defendant to relief by filing in an refrain from injuring or appropriate court: threatening to injure any A. A sworn complaint alleging animal owned, possessed, harassment; and leased, kept or held by either B. If the alleged harassment party or a minor child residing does not meet the definition in the household; in section 4651, subsection 2, F. Ordering a division of the paragraph C or is not related personal property and to an allegation of domestic household goods and violence, violence against a furnishings of the parties and dating partner, sexual assault placing any protective orders or stalking, a copy of a notice considered appropriate by the to stop harassing the plaintiff court, including an order to issued to the defendant refrain from taking, converting pursuant to Title 17-A, section or damaging property in which 506-A, subsection 1, the plaintiff has a legal paragraph A, subparagraph interest; (1), division (a) or a statement F-1. Ordering the termination of good cause why such a of a life insurance policy or notice was not sought or rider under that policy owned obtained. by the defendant if the ME. REV. STAT. tit. 5, § 4653 plaintiff is the insured life (2015). under the policy or rider. Upon issuance, a copy of the court order must be sent to the insurer that issued the policy; G. Either awarding some or all temporary parental rights and responsibilities with regard to minor children or awarding temporary rights of contact with regard to minor children, or both, under such conditions that the court finds appropriate as determined in accordance with the best interest of the child pursuant to section 1653, subsections 3

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS to 6-B. The court's award of parental rights and responsibilities or rights of contact is not binding in any separate action involving an award of parental rights and responsibilities pursuant to chapter 55 or in a similar action brought in another jurisdiction exercising child custody jurisdiction in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act; H. Requiring the defendant to receive counseling from a social worker, family service agency, mental health center, psychiatrist or any other guidance service that the court considers appropriate. The court may not order and the State may not pay for the defendant to attend a batterers' intervention program unless the program is certified under section 4014; I. Ordering the payment of temporary support for the dependent party or for a child in the dependent party's custody in accordance with chapter 63, or both, when there is a legal obligation to support that dependent party or that child, or both; J. Ordering the payment of temporary support payments

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS to the State as provided in chapters 63 and 67; K. Ordering payment of monetary compensation to the abused person for losses suffered as a direct result of the abuse. Compensatory losses are limited to loss of earnings or support, reasonable expenses incurred for personal injuries or property damage and reasonable moving expenses. Upon the motion of either party, for sufficient cause, the court may set a later hearing on the issue of the amount of damages, if any, to be awarded; L. Ordering the defendant to pay court costs or reasonable attorney's fees; L-1. Ordering the plaintiff to pay court costs or reasonable attorney's fees, or both, only if a judgment is entered against the plaintiff after a hearing in which both the plaintiff and the defendant are present and the court finds that the complaint is frivolous; M. Entering any other orders determined necessary or appropriate in the discretion of the court; or N. Directing the care, custody or control of any animal owned, possessed, leased, kept or held by either party or

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS a minor child residing in the household.

If the court enjoins the defendant under this subsection and the enjoined conduct constitutes harassment under Title 17-A, section 506-A, the court shall include in the order a warning in conformity with Title 17-A, section 506-A. ME. REV. STAT. tit. 19-A, § 4007(2015).

Harassment Protection Order Protection order; consent agreement.

1. Protection order; consent agreement. The court, after a hearing and upon finding that the defendant has committed the harassment alleged, may grant any protection order or approve any consent agreement to bring about a cessation of harassment, which may include: A. Directing the defendant to refrain from harassing, threatening, assaulting, molesting, attacking or otherwise abusing the plaintiff or the plaintiff's employees; B. Directing the defendant to refrain from going on the premises of the plaintiff's residence or property,

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS provided that the court may not use this subsection to evict a defendant from the rental premises in an action brought by a plaintiff; C. Directing the defendant to refrain from interference with or destruction of the plaintiff's property; C-1. Directing the defendant to refrain from repeatedly and without reasonable cause: (1) Following the plaintiff; or (2) Being at or in the vicinity of the plaintiff's home, school, business or place of employment; C-2. Directing the defendant to refrain from having any direct or indirect contact with the plaintiff; D. Ordering payment of monetary compensation to the plaintiff for losses suffered as a direct result of the harassment. Compensatory losses are limited to loss of earnings or support; reasonable expenses incurred for safety protection; reasonable expenses incurred for personal injuries or property damage; and reasonable moving expenses. Upon the motion of either party, for sufficient cause, the court may set a later hearing on the issue of the amount of damages, if any, to be

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS awarded. If it appears from the complaint that an order under this paragraph may be granted, the plaintiff or defendant may remove the issue of monetary compensation to the Superior Court where a jury trial may be had. Removal must be requested by motion prior to a hearing under section 4654; E. Ordering the defendant to pay court costs or reasonable attorney's fees; and F. Entering any other orders determined necessary or appropriate in the discretion of the court.

If the court enjoins the defendant under this subsection, and the enjoined conduct constitutes harassment under Title 17-A, section 506-A, the court shall include in the order a warning in conformity with Title 17-A, section 506-A. ME. REV. STAT. tit. 5, § 4655 (2015). MARYLAND Definition of Abuse Protective Protective Order Protective Order Protective Order Order MD. CODE ANN., FAM. (m) “Person eligible for relief” (d) The final protective order (d) A person who violates this LAW §4-501 (b)(1) “Abuse” means any of includes: may include any or all of the section is guilty of a (2014) the following acts: (1) the current or former following relief: misdemeanor and on (vi) stalking under § 3-802 of spouse of the respondent; (1) order the respondent to conviction is subject to the Criminal Law Article. (2) a cohabitant of the refrain from abusing or imprisonment not exceeding 5 Protective Order MD. CODE ANN., FAM. LAW respondent; threatening to abuse any years or a fine not exceeding §4-501 (b) 2014). person eligible for relief; $5,000 or both.

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS MD. CODE ANN., CTS. & Peace Order (3) a person related to the (2) order the respondent to MD. CODE ANN., CRIM. LAW § JUD. PROC. § 3-1503 (a) A petitioner may seek relief respondent by blood, refrain from contacting, 3-802 (2014). (2014). under this subtitle by filing marriage, or adoption; attempting to contact, or with the court, or with a (4) a parent, stepparent, child, harassing any person eligible (a) An interim protective commissioner under the or stepchild of the respondent for relief; order, temporary protective circumstances specified in § 3- or the person eligible for relief (3) order the respondent to order, and final protective 1503.1(a) of this subtitle, a who resides or resided with refrain from entering the order issued under this petition that alleges the the respondent or person residence of any person subtitle shall state that a commission of any of the eligible for relief for at least 90 eligible for relief; violation of the order may following acts against the days within 1 year before the (4) where the person eligible result in: petitioner by the respondent, filing of the petition; for relief and the respondent (1) criminal prosecution; and if the act occurred within 30 (5) a vulnerable adult; or are residing together at the (2) imprisonment or fine or days before the filing of the (6) an individual who has a time of the abuse, order the both. petition: child in common with the respondent to vacate the Finding of contempt for (1) An act that causes serious respondent. home immediately and award violation of order bodily harm; MD. CODE ANN., FAM. LAW temporary use and possession (b) A temporary protective (2) An act that places the §4-501 (2014). of the home to the person order and final protective petitioner in fear of imminent eligible for relief or, in the case order issued under this serious bodily harm; Peace Order of alleged abuse of a child or subtitle shall state that a (7) Stalking under § 3-802 of alleged abuse of a vulnerable violation of the order may the Criminal Law Article; (a) By proceeding under this adult, award temporary use result in a finding of contempt. MD. CODE ANN., CTS. & JUD. subtitle, a petitioner is not and possession of the home to MD. CODE ANN., FAM. LAW PROC. § 3-1503 (2014). limited to or precluded from an adult living in the home, §4-508 (2014). pursuing any other legal provided that the court may Criminal Code remedy. not grant an order to vacate Peace Order Stalking Application of subtitle and award temporary use and (b) This subtitle does not apply possession of the home to a (a) An individual who fails to (a) In this section, “stalking” to: nonspouse person eligible for comply with the relief granted means a malicious course of (1) A petitioner who is a relief unless the name of the in an interim peace order conduct that includes person eligible for relief, as person eligible for relief under § 3-1503.1 of this approaching or pursuing defined in § 4-501 of the appears on the lease or deed subtitle, a temporary peace another where the person Family Law Article; or to the home or the person order under § 3-1504(a)(2) of intends to place or knows or (2) A respondent who is a child eligible for relief has shared this subtitle, or a final peace reasonably should have known at the time of the alleged the home with the respondent order under § 3-1505(d)(1)(i), the conduct would place commission of an act specified for a period of at least 90 days (ii), (iii), or (iv) of this subtitle another in reasonable fear: in § 3-1503(a) of this subtitle. within 1 year before the filing is guilty of a misdemeanor and (1)(i) of serious bodily injury; MD. CODE ANN., CTS. & JUD. of the petition; on conviction is subject to: (ii) of an assault in any degree; PROC. § 3-1502 (2014). (5) order the respondent to (1) For a first offense, a fine remain away from the place of not exceeding $1,000 or

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (iii) of rape or sexual offense employment, school, or imprisonment not exceeding as defined by §§ 3-303 temporary residence of a 90 days or both; and through 3-308 of this title or person eligible for relief or (2) For a second or subsequent attempted rape or sexual home of other family offense, a fine not exceeding offense in any degree; members; $2,500 or imprisonment not (iv) of false imprisonment; or (6) order the respondent to exceeding 1 year or both. (v) of death; or remain away from a child care Prior convictions under § 4- (2) that a third person likely provider of a person eligible 509 of the Family Law Article will suffer any of the acts for relief while a child of the (b) For the purpose of second listed in item (1) of this person is in the care of the or subsequent offender subsection. child care provider; penalties provided under MD. CODE ANN., CRIM. LAW § (7) award temporary custody subsection (a)(2) of this 3-802 (2014). of a minor child of the section, a prior conviction respondent and a person under § 4-509 of the Family eligible for relief; Law Article shall be considered (8) establish temporary a conviction under this visitation with a minor child of section. the respondent and a person Arrests with or without a eligible for relief on a basis warrant which gives primary (c) A law enforcement officer consideration to the welfare of shall arrest with or without a the minor child and the safety warrant and take into custody of any other person eligible for an individual who the officer relief. If the court finds that has probable cause to believe the safety of a person eligible is in violation of an interim for relief will be jeopardized peace order, temporary peace by unsupervised or order, or final peace order in unrestricted visitation, the effect at the time of the court shall condition or restrict violation. visitation as to time, place, MD. CODE ANN., CTS. & JUD. duration, or supervision, or PROC. § 3-1508 (2014). deny visitation entirely, as needed to guard the safety of any person eligible for relief; (9) award emergency family maintenance as necessary to support any person eligible for relief to whom the respondent has a duty of support under

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS this article, including an immediate and continuing withholding order on all earnings of the respondent in the amount of the ordered emergency family maintenance in accordance with the procedures specified in Title 10, Subtitle 1, Part III of this article; (10) award temporary use and possession of a vehicle jointly owned by the respondent and a person eligible for relief to the person eligible for relief if necessary for the employment of the person eligible for relief or for the care of a minor child of the respondent or a person eligible for relief; (11) direct the respondent or any or all of the persons eligible for relief to participate in professionally supervised counseling or a domestic violence program; (12) order the respondent to pay filing fees and costs of a proceeding under this subtitle; or (13) award temporary possession of any pet of the person eligible for relief or the respondent. MD. CODE ANN., FAM. LAW § 4-506 (2014).

Peace Order

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (d)(1) The final peace order may include any or all of the following relief: (i) Order the respondent to refrain from committing or threatening to commit an act specified in § 3-1503(a) of this subtitle against the petitioner; (ii) Order the respondent to refrain from contacting, attempting to contact, or harassing the petitioner; (iii) Order the respondent to refrain from entering the residence of the petitioner; (iv) Order the respondent to remain away from the place of employment, school, or temporary residence of the petitioner; (v) Direct the respondent or petitioner to participate in professionally supervised counseling or, if the parties are amenable, mediation; and (vi) Order either party to pay filing fees and costs of a proceeding under this subtitle. (2) If the judge issues an order under this section, the order shall contain only the relief that is minimally necessary to protect the petitioner. MD. CODE ANN., CTS. & JUD. PROC. § 3-1505 (2014). MASSACHUSETTS Definition of Harassment Harassment Prevention Order Harassment Prevention Order (a) Whoever (1) willfully and maliciously engages in a MASS. ANN. LAWS ch. As used in this chapter the (a) A person suffering from (a) A person suffering from knowing pattern of conduct or 258E, § 1 (2015) following words shall, unless harassment may file a harassment may file a series of acts over a period of 78

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS the context clearly requires complaint in the appropriate complaint in the appropriate time directed at a specific Harassment Prevention otherwise, have the following court requesting protection court requesting protection person which seriously alarms Order meanings:- from such harassment… from such harassment. A or annoys that person and “Abuse”, attempting to cause MASS. ANN. LAWS ch. 258E, § person may petition the court would cause a reasonable or causing physical harm to 3 (2015). under this chapter for an person to suffer substantial another or placing another in order that the defendant: emotional distress, and (2) fear of imminent serious (i) refrain from abusing or makes a threat with the intent physical harm. harassing the plaintiff, to place the person in “Harassment”, (i) 3 or more whether the defendant is an imminent fear of death or acts of willful and malicious adult or minor; bodily injury, shall be guilty of conduct aimed at a specific (ii) refrain from contacting the the crime of stalking and shall person committed with the plaintiff, unless authorized by be punished by imprisonment intent to cause fear, the court, whether the in the state prison for not intimidation, abuse or damage defendant is an adult or more than 5 years or by a fine to property and that does in minor; of not more than $1,000, or fact cause fear, intimidation, (iii) remain away from the imprisonment in the house of abuse or damage to property; plaintiff’s household or correction for not more than 2 or (ii) an act that: (A) by force, workplace, whether the ½ years or by both such fine threat or duress causes defendant is an adult or and imprisonment. The another to involuntarily minor; and conduct, acts or threats engage in sexual relations; or (iv) pay the plaintiff monetary described in this subsection (B) constitutes a violation of compensation for the losses shall include, but not be section 13B, 13F, 13H, 22, 22A, suffered as a direct result of limited to, conduct, acts or 23, 24, 24B, 26C, 43 or 43A of the harassment; provided, threats conducted by mail or chapter 265 or section 3 of however, that compensatory by use of a telephonic or chapter 272…. damages shall include, but telecommunication device or MASS. ANN. LAWS ch. 258E, § shall not be limited to, loss of electronic communication 1 (2015). earnings, out-of-pocket losses device including, but not for injuries sustained or limited to, any device that Criminal Code property damaged, cost of transfers signs, signals, Stalking replacement of locks, medical writing, images, sounds, data, expenses, cost for obtaining or intelligence of any nature (a) Whoever (1) willfully and an unlisted phone number and transmitted in whole or in part maliciously engages in a reasonable attorney’s fees. by a wire, radio, knowing pattern of conduct or (b) The court may order that electromagnetic, photo- series of acts over a period of information in the case record electronic or photo-optical time directed at a specific be impounded in accordance system, including, but not person which seriously alarms with court rule. limited to, electronic mail, or annoys that person and internet communications,

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS would cause a reasonable (c) No filing fee shall be instant messages or facsimile person to suffer substantial charged for the filing of the communications. emotional distress, and (2) complaint. The plaintiff shall (b) Whoever commits the makes a threat with the intent not be charged for certified crime of stalking in violation of to place the person in copies of any orders entered a temporary or permanent imminent fear of death or by the court, or any copies of vacate, restraining, or no- bodily injury, shall be guilty of the file reasonably required contact order or judgment the crime of stalking and shall for future court action or as a issued pursuant to sections be punished by imprisonment result of the loss or eighteen, thirty-four B, or in the state prison for not destruction of plaintiff’s thirty-four C of chapter two more than 5 years or by a fine copies. hundred and eight; or section of not more than $1,000, or (d) Any relief granted by the thirty-two of chapter two imprisonment in the house of court shall not extend for a hundred and nine; or sections correction for not more than 2 period exceeding 1 year. Every three, four, or five of chapter ½ years or by both such fine order shall, on its face, state two hundred and nine A; or and imprisonment. The the time and date the order is sections fifteen or twenty of conduct, acts or threats to expire and shall include the chapter two hundred and nine described in this subsection date and time that the matter C or a protection order issued shall include, but not be will again be heard. If the by another jurisdiction; or a limited to, conduct, acts or plaintiff appears at the court temporary restraining order or threats conducted by mail or at the date and time the order preliminary or permanent by use of a telephonic or is to expire, the court shall injunction issued by the telecommunication device or determine whether or not to superior court, shall be electronic communication extend the order for any punished by imprisonment in a device including, but not additional time reasonably jail or the state prison for not limited to, any device that necessary to protect the less than one year and not transfers signs, signals, plaintiff or to enter a more than five years. No writing, images, sounds, data, permanent order. When the sentence imposed under the or intelligence of any nature expiration date stated on the provisions of this subsection transmitted in whole or in part order is on a date when the shall be less than a mandatory by a wire, radio, court is closed to business, the minimum term of electromagnetic, photo- order shall not expire until the imprisonment of one year. electronic or photo-optical next date that the court is A prosecution commenced system, including, but not open to business. The plaintiff hereunder shall not be placed limited to, electronic mail, may appear on such next court on file or continued without a internet communications, business day at the time finding, and the sentence instant messages or facsimile designated by the order to imposed upon a person communications. request that the order be convicted of violating any extended. The court may also provision of this subsection

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS MASS. ANN. LAWS ch. 265, § extend the order upon motion shall not be reduced to less 43 (2015). of the plaintiff, for such than the mandatory minimum additional time as it deems term of imprisonment as necessary to protect the established herein, nor shall plaintiff from harassment. The said sentence of imprisonment fact that harassment has not imposed upon any person be occurred during the pendency suspended or reduced until of an order shall not, in itself, such person shall have served constitute sufficient ground said mandatory term of for denying or failing to extend imprisonment. the order, or allowing an order A person convicted of violating to expire or be vacated or for any provision of this refusing to issue a new order. subsection shall not, until he (e) The court may modify its shall have served the order at any subsequent time mandatory minimum term of upon motion by either party; imprisonment established provided, however, that the herein, be eligible for non-moving party shall receive probation, parole, furlough, sufficient notice and work release or receive any opportunity to be heard on deduction from his sentence said modification. When the for good conduct under plaintiff’s address is sections one hundred and inaccessible to the defendant twenty-nine, one hundred and as provided in section 10 and twenty-nine C and one the defendant has filed a hundred and twenty-nine D of motion to modify the court’s chapter one hundred and order, the court shall be twenty-seven; provided, responsible for notifying the however, that the plaintiff. In no event shall the commissioner of correction court disclose any such may, on the recommendation inaccessible address. of the warden, (f) The court shall not deny superintendent, or other any complaint filed under this person in charge of a chapter solely because it was correctional institution, grant not filed within a particular to said offender a temporary time period after the last release in the custody of an alleged incident of officer of such institution for harassment. the following purposes only: to attend the funeral of next

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (g) An action commenced of kin or spouse; to visit a under this chapter shall not critically ill close relative or preclude any other civil or spouse; or to obtain criminal remedies. A party emergency medical services filing a complaint under this unavailable at said institution. chapter shall be required to The provisions of section disclose any prior or pending eighty-seven of chapter two actions involving the parties; hundred and seventy-six including, but not limited to, relating to the power of the court actions, administrative court to place certain proceedings and disciplinary offenders on probation shall proceedings. not apply to any person 18 MASS. ANN. LAWS ch. 258E, § years of age or over charged 3 (2015). with a violation of this subsection. The provisions of section thirty-one of chapter two hundred and seventy-nine shall not apply to any person convicted of violating any provision of this subsection. (c) Whoever, after having been convicted of the crime of stalking, commits a second or subsequent such crime shall be punished by imprisonment in a jail or the state prison for not less than two years and not more than ten years. No sentence imposed under the provisions of this subsection shall be less than a mandatory minimum term of imprisonment of two years. A prosecution commenced hereunder shall not be placed on file or continued without a finding, and the sentence imposed upon a person convicted of violating any

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS provision of this subsection shall not be reduced to less than the mandatory minimum term of imprisonment as established herein, nor shall said sentence of imprisonment imposed upon any person be suspended or reduced until such person shall have served said mandatory term of imprisonment. A person convicted of violating any provision of this subsection shall not, until he shall have served the mandatory minimum term of imprisonment established herein, be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct under sections one hundred and twenty-nine, one hundred and twenty-nine C and one hundred and twenty-nine D of chapter one hundred and twenty-seven; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only:

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relating to the power of the court to place certain offenders on probation shall not apply to any person 18 years of age or over charged with a violation of this subsection. The provisions of section thirty-one of chapter two hundred and seventy-nine shall not apply to any person convicted of violating any provision of this section. MASS. ANN. LAWS ch. 265, § 43 (2015). MICHIGAN Criminal Code Domestic Violence Protection Domestic Violence Protection (2) An individual who engages Stalking Order Order in stalking is guilty of a crime MICH. COMP. LAWS SERV. as follows: § 600.2950a (d) “Stalking” means a willful (1) Except as provided in (1) Except as provided in (a) Except as provided in course of conduct involving subsections (27) and (28), by subsections (27) and (28), by subdivision (b), a (2015) repeated or continuing commencing an independent commencing an independent misdemeanor punishable by

harassment of another action to obtain relief under action to obtain relief under imprisonment for not more Non-Domestic individual that would cause a this section, by joining a claim this section, by joining a claim than 1 year or a fine of not Stalking Order reasonable person to feel to an action, or by filing a to an action, or by filing a more than $1,000.00, or both. terrorized, frightened, motion in an action in which motion in an action in which (b) If the victim was less than intimidated, threatened, the petitioner and the the petitioner and the 18 years of age at any time MICH. COMP. LAWS SERV. harassed, or molested and individual to be restrained or individual to be restrained or during the individual's course § 600.2950 that actually causes the victim enjoined are parties, an enjoined are parties, an of conduct and the individual (2015). to feel terrorized, frightened, individual may petition the individual may petition the is 5 or more years older than intimidated, threatened, family division of circuit court family division of circuit court the victim, a felony punishable harassed, or molested. to enter a personal protection to enter a personal protection by imprisonment for not more

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS Domestic Violence MCLS 750.411h (2015). order to restrain or enjoin a order to restrain or enjoin a than 5 years or a fine of not Protection Order spouse, a former spouse, an spouse, a former spouse, an more than $10,000.00, or Aggravated Stalking individual with whom he or individual with whom he or both. she has had a child in she has had a child in (3) The court may place an (2) An individual who engages common, an individual with common, an individual with individual convicted of in stalking is guilty of whom he or she has or has whom he or she has or has violating this section on aggravated stalking if the had a dating relationship, or had a dating relationship, or probation for a term of not violation involves any of the an individual residing or an individual residing or more than 5 years. If a term of following circumstances: having resided in the same having resided in the same probation is ordered, the court (a) At least 1 of the actions household as the petitioner… household as the petitioner may, in addition to any other constituting the offense is in MCLS § 600.2950 (2015). from doing 1 or more of the lawful condition of probation, violation of a restraining order following: order the defendant to do any and the individual has Non-Domestic Stalking Order (a) Entering onto premises. of the following: received actual notice of that (b) Assaulting, attacking, (a) Refrain from stalking any restraining order or at least 1 (1) Except as provided in beating, molesting, or individual during the term of of the actions is in violation of subsections (28), (29), and wounding a named individual. probation. an injunction or preliminary (31), by commencing an (c) Threatening to kill or (b) Refrain from having any injunction. independent action to obtain physically injure a named contact with the victim of the (b) At least 1 of the actions relief under this section, by individual. offense. constituting the offense is in joining a claim to an action, or (d) Removing minor children (c) Be evaluated to determine violation of a condition of by filing a motion in an action from the individual having the need for psychiatric, probation, a condition of in which the petitioner and the legal custody of the children, psychological, or social parole, a condition of pretrial individual to be restrained or except as otherwise counseling and if, determined release, or a condition of enjoined are parties, an authorized by a custody or appropriate by the court, to release on bond pending individual may petition the parenting time order issued by receive psychiatric, appeal. family division of circuit court a court of competent psychological, or social (c) The course of conduct to enter a personal protection jurisdiction. counseling at his or her own includes the making of 1 or order to restrain or enjoin an (e) Purchasing or possessing a expense. more credible threats against individual from engaging in firearm. MCLS § 750.411h (2015). the victim, a member of the conduct that is prohibited (f) Interfering with petitioner's victim's family, or another under section 411h, 411i, or efforts to remove petitioner's (3) Aggravated stalking is a individual living in the same 411s of the Michigan penal children or personal property felony punishable as follows: household as the victim. code, 1931 PA 328, MCL from premises that are solely (a) Except as provided in (d) The individual has been 750.411h, 750.411i, and owned or leased by the subdivision (b), by previously convicted of a 750.411s. Relief under this individual to be restrained or imprisonment for not more violation of this section or subsection shall not be enjoined. than 5 years or a fine of not section 411h. granted unless the petition (g) Interfering with petitioner more than $10,000.00, or MCLS § 750.411i (2015). alleges facts that constitute at petitioner's place of both. stalking as defined in section employment or education or

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS 411h or 411i, or conduct that engaging in conduct that (b) If the victim was less than is prohibited under section impairs petitioner's 18 years of age at any time 411s, of the Michigan penal employment or educational during the individual's course code, 1931 PA 328, MCL relationship or environment. of conduct and the individual 750.411h, 750.411i, and (h) Having access to is 5 or more years older than 750.411s. Relief may be information in records the victim, by imprisonment sought and granted under this concerning a minor child of for not more than 10 years or subsection whether or not the both petitioner and a fine of not more than individual to be restrained or respondent that will inform $15,000.00, or both. enjoined has been charged or respondent about the address (4) The court may place an convicted under section 411h, or telephone number of individual convicted of 411i, or 411s of the Michigan petitioner and petitioner's violating this section on penal code, 1931 PA 328, MCL minor child or about probation for any term of 750.411h, 750.411i, and petitioner's employment years, but not less than 5 750.411s, for the alleged address. years. If a term of probation is violation. (i) Engaging in conduct that is ordered, the court may, in MCLS § 600.2950a (2015). prohibited under section 411h addition to any other lawful or 411i of the Michigan penal condition of probation, order code, 1931 PA 328, MCL the defendant to do any of the 750.411h and 750.411i. following: (j) Any other specific act or (a) Refrain from stalking any conduct that imposes upon or individual during the term of interferes with personal probation. liberty or that causes a (b) Refrain from any contact reasonable apprehension of with the victim of the offense. violence. (c) Be evaluated to determine (2) If the respondent is a the need for psychiatric, person who is issued a license psychological, or social to carry a concealed weapon counseling and, if determined and is required to carry a appropriate by the court, to weapon as a condition of his receive psychiatric, or her employment, a police psychological, or social officer certified by the counseling at his or her own commission on law expense. enforcement standards act, MCLS. § 750.411i (2015). 1965 PA 203, MCL 28.601 to 28.616, a sheriff, a deputy sheriff or a member of the Michigan department of state

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS police, a local corrections officer, department of corrections employee, or a federal law enforcement officer who carries a firearm during the normal course of his or her employment, the petitioner shall notify the court of the respondent's occupation prior to the issuance of the personal protection order. This subsection does not apply to a petitioner who does not know the respondent's occupation. MCLS § 600.2950 (2015).

Non-Domestic Stalking Order

(1) Except as provided in subsections (28), (29), and (31), by commencing an independent action to obtain relief under this section, by joining a claim to an action, or by filing a motion in an action in which the petitioner and the individual to be restrained or enjoined are parties, an individual may petition the family division of circuit court to enter a personal protection order to restrain or enjoin an individual from engaging in conduct that is prohibited under section 411h, 411i, or 411s of the Michigan penal code, 1931 PA 328, MCL 750.411h, 750.411i, and

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS 750.411s. Relief under this subsection shall not be granted unless the petition alleges facts that constitute stalking as defined in section 411h or 411i, or conduct that is prohibited under section 411s, of the Michigan penal code, 1931 PA 328, MCL 750.411h, 750.411i, and 750.411s. Relief may be sought and granted under this subsection whether or not the individual to be restrained or enjoined has been charged or convicted under section 411h, 411i, or 411s of the Michigan penal code, 1931 PA 328, MCL 750.411h, 750.411i, and 750.411s, for the alleged violation. (3) The court may restrain or enjoin an individual against whom a protection order is sought under subsection (2) from 1 or more of the following: (a) Entering onto premises. (b) Threatening to sexually assault, kill, or physically injure petitioner or a named individual. (c) Purchasing or possessing a firearm. (d) Interfering with the petitioner's efforts to remove the petitioner's children or personal property from premises that are solely

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS owned or leased by the individual to be restrained or enjoined. (e) Interfering with the petitioner at the petitioner's place of employment or education or engaging in conduct that impairs the petitioner's employment or educational relationship or environment. (f) Following or appearing within the sight of the petitioner. (g) Approaching or confronting the petitioner in a public place or on private property. (h) Appearing at the petitioner's workplace or residence. (i) Entering onto or remaining on property owned, leased, or occupied by the petitioner. (j) Contacting the petitioner by telephone. (k) Sending mail or electronic communications to the petitioner. (l) Placing an object on, or delivering an object to, property owned, leased, or occupied by the petitioner. (m) Engaging in conduct that is prohibited under section 411s of the Michigan penal code, 1931 PA 328, MCL 750.411s. (n) Any other specific act or conduct that imposes upon or interferes with personal

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS liberty or that causes a reasonable apprehension of violence or sexual assault. (26) A personal protection order issued under this section may enjoin or restrain an individual from purchasing or possessing a firearm. MCLS § 600.2950a (2015). MINNESOTA Criminal Code Civil Harassment Restraining Civil Harassment Restraining See MINN. STAT. § 609.749 Stalking Order Order (2015) for complete list. MINN. STAT. § 609.748 (2015) Subdivision 1. Definition. As Subd. 2. Restraining order; Subd. 5. Restraining order. (a) Subd. 6. Violation of used in this section, “stalking” court jurisdiction. A person The court may issue a restraining order. (a) A person means to engage in conduct who is a victim of harassment restraining order that provides who violates a restraining Civil Harassment which the actor knows or has may seek a restraining order any or all of the following: order issued under this section Restraining Order reason to know would cause from the district court in the (1) orders the respondent to is subject to the penalties the victim under the manner provided in this cease or avoid the harassment provided in paragraphs (b) to circumstances to feel section. The parent, guardian, of another person ; or (d). frightened, threatened, or stepparent of a minor who (2) orders the respondent to (b) Except as otherwise oppressed, persecuted, or is a victim of harassment may have no contact with another provided in paragraphs (c) and intimidated, and causes this seek a restraining order from person. (d), when a temporary reaction on the part of the the district court on behalf of (b) The court may issue an restraining order or a victim regardless of the the minor. An application for order under paragraph (a) if all restraining order is granted relationship between the actor relief under this section may of the following occur: under this section and the and victim. be filed in the county of (1) the petitioner has filed a respondent knows of the Subd. 2. Stalking crimes. A residence of either party or in petition under subdivision 3; order, violation of the order is person who stalks another by the county in which the (2) the sheriff has served a misdemeanor. committing any of the alleged harassment occurred. respondent with a copy of the (c) A person is guilty of a gross following acts is guilty of a There are no residency temporary restraining order misdemeanor who violates the gross misdemeanor: requirements that apply to a obtained under subdivision 4, order within ten years of a (1) directly or indirectly, or petition for a harassment and with notice of the right to previous qualified domestic through third parties, restraining order. request a hearing, or service violence-related offense manifests a purpose or intent MINN. STAT. § 609.748 (2015). has been made by publication conviction or adjudication of to injure the person, property, under subdivision 3, paragraph delinquency. or rights of another by the (b); and (d) A person is guilty of a commission of an unlawful (3) the court finds at the felony and may be sentenced act; hearing that there are to imprisonment for not more reasonable grounds to believe than five years or to payment

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (2) follows, monitors, or that the respondent has of a fine of not more than pursues another, whether in engaged in harassment. $10,000, or both, if the person person or through any violates the order: available technological or A restraining order may be (1) within ten years of the first other means; issued only against the of two or more previous (3) returns to the property of respondent named in the qualified domestic violence- another if the actor is without petition; except that if the related offense convictions or claim of right to the property respondent is an organization, adjudications of delinquency; or consent of one with the order may be issued (2) because of the victim's or authority to consent; against and apply to all of the another's actual or perceived (4) repeatedly makes members of the organization. race, color, religion, sex, telephone calls, sends text If the court finds that the sexual orientation, disability as messages, or induces a victim petitioner has had two or defined in section 363A.03, to make telephone calls to the more previous restraining age, or national origin; actor, whether or not orders in effect against the (3) by falsely impersonating conversation ensues; same respondent or the another; (5) makes or causes the respondent has violated a (4) while possessing a telephone of another prior or existing restraining dangerous weapon; repeatedly or continuously to order on two or more (5) with an intent to influence ring; occasions, relief granted by or otherwise tamper with a (6) repeatedly mails or delivers the restraining order may be juror or a judicial proceeding or causes the delivery by any for a period of up to 50 years. or with intent to retaliate means, including In all other cases, relief against a judicial officer, as electronically, of letters, granted by the restraining defined in section 609.415, or telegrams, messages, order must be for a fixed a prosecutor, defense packages, through assistive period of not more than two attorney, or officer of the devices for people with vision years. When a referee court, because of that person's impairments or hearing loss, presides at the hearing on the performance of official duties or any communication made petition, the restraining order in connection with a judicial through any available becomes effective upon the proceeding; or technologies or other objects; referee's signature. (6) against a victim under the or (c) An order issued under this age of 18, if the respondent is (7) knowingly makes false subdivision must be personally more than 36 months older allegations against a peace served upon the respondent. than the victim. officer concerning the officer's (d) If the court orders relief for (e) A person who commits performance of official duties a period of up to 50 years violations in two or more with intent to influence or under paragraph (a), the counties may be prosecuted in tamper with the officer's respondent named in the any county in which one of the performance of official duties. restraining order may request

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS Subd. 3. Aggravated to have the restraining order acts was committed for all acts violations. (a) A person who vacated or modified if the in violation of this section. commits any of the following order has been in effect for at (f) A person may be acts is guilty of a felony and least five years and the prosecuted at the place where may be sentenced to respondent has not violated any call is made or received or, imprisonment for not more the order. Application for in the case of wireless or than five years or to payment relief under this paragraph electronic communication or of a fine of not more than must be made in the county in any communication made $10,000, or both: which the restraining order through any available (1) commits any offense was issued. Upon receipt of technologies, where the actor described in subdivision 2 the request, the court shall set or victim resides, or in the because of the victim's or a hearing date. Personal jurisdiction of the victim's another's actual or perceived service must be made upon designated address if the race, color, religion, sex, the petitioner named in the victim participates in the sexual orientation, disability as restraining order not less than address confidentiality defined in section 363A.03, 30 days before the date of the program established under age, or national origin; hearing. At the hearing, the chapter 5B. (2) commits any offense respondent named in the (g) A peace officer shall arrest described in subdivision 2 by restraining order has the without a warrant and take falsely impersonating another; burden of proving by a into custody a person whom (3) commits any offense preponderance of the the peace officer has probable described in subdivision 2 and evidence that there has been a cause to believe has violated possesses a dangerous material change in an order issued under weapon at the time of the circumstances and that the subdivision 4 or 5 if the offense; reasons upon which the court existence of the order can be (4) stalks another, as defined relied in granting the verified by the officer. in subdivision 1, with intent to restraining order no longer (h) A violation of a temporary influence or otherwise tamper apply and are unlikely to restraining order or restraining with a juror or a judicial occur. If the court finds that order shall also constitute proceeding or with intent to the respondent named in the contempt of court. retaliate against a judicial restraining order has met the (i) Upon the filing of an officer, as defined in section burden of proof, the court affidavit by the petitioner, any 609.415, or a prosecutor, may vacate or modify the peace officer, or an interested defense attorney, or officer of order. If the court finds that party designated by the court, the court, because of that the respondent named in the alleging that the respondent person's performance of restraining order has not met has violated an order issued official duties in connection the burden of proof, the court under subdivision 4 or 5, the with a judicial proceeding; or shall deny the request and no court may issue an order to request may be made to the respondent requiring the

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (5) commits any offense vacate or modify the respondent to appear within described in subdivision 2 restraining order until five 14 days and show cause why against a victim under the age years have elapsed from the the respondent should not be of 18, if the actor is more than date of denial. An order held in contempt of court. The 36 months older than the vacated or modified under this court also shall refer the victim. paragraph must be personally violation of the order to the (b) A person who commits any served on the petitioner appropriate prosecuting offense described in named in the restraining authority for possible subdivision 2 against a victim order. prosecution under paragraph under the age of 18, if the MINN. STAT. § 609.748 (2015). (b), (c), or (d). actor is more than 36 months MINN. STAT. § 609.748 older than the victim, and the (2015). act is committed with sexual or aggressive intent, is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both. MINN. STAT. § 609.749 (2015).

MISSISSIPPI Definition of Abuse Domestic Abuse Protection Domestic Abuse Protection Stalking Order Order MISS. CODE ANN. As used in this chapter, unless (1) (b) A person who is §93-21-3 (2015) the context otherwise (1) Any person may seek a (1)(a) After a hearing is held as convicted of the crime of requires: domestic abuse protection provided in Section 93-21-11 stalking under this section (a) “Abuse” means the order for himself by filing a for which notice and shall be punished by Domestic Abuse occurrence of one or more of petition alleging abuse by the opportunity to be heard has imprisonment in the county Protection Order the following acts between respondent. Any parent, adult been granted to the jail for not more than one (1) spouses, former spouses, household member, or next respondent, and upon a year or by a fine of not more persons living as spouses or friend of the abused person finding that the petitioner has than One Thousand Dollars who formerly lived as spouses, may seek a domestic abuse proved the existence of abuse ($1,000. 00), or by both such persons having a child or protection order on behalf of by a preponderance of the fine and imprisonment. children in common, other any minor children or any evidence, the municipal and (c) Any person who is individuals related by person alleged to be justice courts shall be convicted of a violation of this consanguinity or affinity who incompetent by filing a empowered to grant a section when there is in effect reside together or who petition with the court alleging temporary domestic abuse at the time of the commission formerly resided together or abuse by the respondent. protection order to bring of the offense a valid between individuals who have Cases seeking relief under this about a cessation of abuse of temporary restraining order,

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS a current or former dating chapter shall be priority cases the petitioner, any minor ex parte protective order, relationship: on the court's docket and the children, or any person alleged protective order after hearing, (iv) Stalking within the judge shall be immediately to be incompetent. The relief court approved consent meaning of Section 97-3-107; notified when a case is filed in the court may provide agreement, or an injunction (v) Cyberstalking within the order to provide for expedited includes, but is not limited to, issued by a municipal, justice, meaning of Section 97-45-15… proceedings. the following: county, circuit or chancery MISS. CODE ANN. § 93-21-3 (2) A petition seeking a (i) Directing the respondent to court, federal or tribal court or (2015). domestic abuse protection refrain from abusing the by a foreign court of order may be filed in any of petitioner, any minor children, competent jurisdiction Criminal Code* the following courts: or any person alleged to be prohibiting the behavior Stalking municipal, justice, county or incompetent; described in this section chancery. A chancery court (ii) Prohibiting or limiting against the same party, shall (1)(a) Any person who shall not prohibit the filing of a respondent's physical be punished by imprisonment purposefully engages in a petition which does not seek proximity to the abused or in the county jail for not more course of conduct directed at emergency relief on the basis other household members as than one (1) year and by a fine a specific person, or who that the petitioner did not first designated by the court, of not more than One makes a credible threat, and seek or obtain temporary including residence and place Thousand Five Hundred who knows or should know relief in another court. A of work; Dollars ($1,500.00). that the conduct would cause petition requesting emergency (iii) Prohibiting or limiting (2) (b) Aggravated stalking is a a reasonable person to fear for relief pending a hearing shall contact by the respondent felony punishable as follows: his or her own safety, to fear not be filed in chancery court with the abused or other for the safety of another unless specifically permitted household members (i) Except as provided in person, or to fear damage or by the chancellor under the designated by the court, subparagraph (ii), by destruction of his or her circumstances or as a separate whether in person, by imprisonment in the custody property, is guilty of the crime pleading in an ongoing telephone or by other of the Department of of stalking. chancery action between the electronic communication; Corrections for not more than (2) (a) A person who commits parties… (iv) Granting possession to the five (5) years and a fine of not acts that would constitute the MISS. CODE ANN. § 93-21-7 petitioner of the residence or more than Three Thousand crime of stalking as defined in (2015). household to the exclusion of Dollars ($ 3,000.00). this section is guilty of the the respondent by evicting the crime of aggravated stalking if respondent or restoring (ii) If, at the time of the any of the following possession to the petitioner, offense, the perpetrator was circumstances exist: or both; or required to register as a sex (v) Prohibiting the offender pursuant to state, (i) At least one (1) of the transferring, encumbering or federal, military or tribal law, actions constituting the otherwise disposing of and the victim was under the offense involved the use or property mutually owned or age of eighteen (18) years, by display of a deadly weapon leased by the parties, except imprisonment for not more with the intent to place the than six (6) years in the

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS victim of the stalking in when in the ordinary course of custody of the Department of reasonable fear of death or business. Corrections and a fine of Four great bodily injury to self or a (b) The duration of any Thousand Dollars ($ 4,000.00). third person; temporary domestic abuse MISS. CODE ANN. § 97-3-107 protection order issued by a (2015). (ii) Within the past seven municipal or justice court shall (7) years, the perpetrator has not exceed thirty (30) days. Cyberstalking been previously convicted of However, if the party to be stalking or aggravated stalking protected and the respondent (2) Whoever commits the under this section or a do not have minor children in offense of cyberstalking shall substantially similar law of common, the duration of the be punished, upon conviction: another state, political temporary domestic abuse (a) Except as provided herein, subdivision of another state, protection order may exceed the person is guilty of a felony of the United States, or of a thirty (30) days but shall not punishable by imprisonment federally recognized Indian exceed one (1) year. for not more than two (2) tribe, whether against the (c) Any person aggrieved by years or a fine of not more same or another victim; or the decision of a municipal or than Five Thousand Dollars justice court judge to issue a ($5,000.00), or both. (iii) At the time of the temporary domestic abuse (b) If any of the following offense, the perpetrator was a protection order or to deny apply, the person is guilty of a person required to register as such an order shall be entitled felony punishable by a sex offender pursuant to to request a de novo review by imprisonment for not more state, federal, military or tribal the chancery or county court. than five (5) years or a fine of law and the victim was under All parties shall be advised of not more than Ten Thousand the age of eighteen (18) years. the procedure for seeking a de Dollars ($10,000.00), or both: MISS. CODE ANN. § 97-3-107 novo hearing. (i) The offense is in violation of (2015). (2)(a) After a hearing is held as a restraining order and the provided in Section 93-21-11 person has received actual Cyberstalking for which notice and notice of that restraining order opportunity to be heard has or posting the message is in (1) It is unlawful for a person been granted to the violation of an injunction or to: respondent, and upon a preliminary injunction. (a) Use in electronic mail or finding that the petitioner has (ii) The offense is in violation electronic communication any proved the existence of abuse of a condition of probation, a words or language threatening by a preponderance of the condition of parole, a to inflict bodily harm to any evidence, the chancery or condition of pretrial release or person or to that person's county court shall be a condition of release on bond child, sibling, spouse or empowered to grant a final pending appeal. dependent, or physical injury domestic abuse protection

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS to the property of any person, order or approve any consent (iii) The offense results in a or for the purpose of extorting agreement to bring about a credible threat being money or other things of value cessation of abuse of the communicated to the victim, a from any person. petitioner, any minor children, member of the victim's family, (b) Electronically mail or or any person alleged to be or another individual living in electronically communicate to incompetent. In granting a the same household as the another repeatedly, whether final domestic abuse victim. or not conversation ensues, protection order, the chancery (iv) The person has been for the purpose of or county court may provide previously convicted of threatening, terrifying or for relief that includes, but is violating this section or a harassing any person. not limited to, the following: substantially similar law of (c) Electronically mail or (i) Directing the respondent to another state, a political electronically communicate to refrain from abusing the subdivision of another state, another and to knowingly petitioner, any minor children, or of the United States. make any false statement or any person alleged to be MISS. CODE ANN. § 97-45-15 concerning death, injury, incompetent; (2015). illness, disfigurement, (ii) Granting possession to the indecent conduct, or criminal petitioner of the residence or conduct of the person household to the exclusion of electronically mailed or of any the respondent by evicting the member of the person's family respondent or restoring or household with the intent possession to the petitioner, to threaten, terrify or harass. or both; (d) Knowingly permit an (iii) When the respondent has electronic communication a duty to support the device under the person's petitioner, any minor children, control to be used for any or any person alleged to be purpose prohibited by this incompetent living in the section. residence or household and MISS. CODE ANN. § 97-45-15 the respondent is the sole (2015). owner or lessee, granting possession to the petitioner of the residence or household to the exclusion of the respondent by evicting the respondent or restoring possession to the petitioner, or both, or by consent agreement allowing the

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS respondent to provide suitable, alternate housing; (iv) Awarding temporary custody of or establishing temporary visitation rights with regard to any minor children or any person alleged to be incompetent, or both; (v) If the respondent is legally obligated to support the petitioner, any minor children, or any person alleged to be incompetent, ordering the respondent to pay temporary support for the petitioner, any minor children, or any person alleged to be incompetent; (vi) Ordering the respondent to pay to the abused person monetary compensation for losses suffered as a direct result of the abuse, including, but not limited to, medical expenses resulting from such abuse, loss of earnings or support, out-of-pocket losses for injuries sustained, moving expenses, a reasonable attorney's fee, or any combination of the above; (vii) Prohibiting the transferring, encumbering, or otherwise disposing of property mutually owned or leased by the parties, except when in the ordinary course of business; (viii) Prohibiting or limiting respondent's physical

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS proximity to the abused or other household members designated by the court, including residence, school and place of work; (ix) Prohibiting or limiting contact by the respondent with the abused or other household members designated by the court whether in person, by telephone or by electronic communication; and (x) Ordering counseling or professional medical treatment for the respondent, including counseling or treatment designed to bring about the cessation of domestic abuse. (b) Except as provided below, a final domestic abuse protection order issued by a chancery or county court under the provisions of this chapter shall be effective for such time period as the court deems appropriate. The expiration date of the order shall be clearly stated in the order. MISS. CODE ANN. § 93-21-15 (2015). MISSOURI Abuse Definition Protection Order Protection Order 4. The crime of stalking shall be a class A misdemeanor MO. REV. STAT. As used in this chapter, unless (11) “Petitioner”, a family or 1…..At the hearing, if the unless the person has § 455.005 (2015) the context clearly indicates household member who has petitioner has proved the previously pleaded guilty to or otherwise, the following terms been a victim of domestic allegation of domestic been found guilty of a shall mean: violence, or any person who violence or stalking by a violation of this section, or of Protection Order 98

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (1) “Abuse” includes but is not has been the victim of stalking, preponderance of the any offense committed in limited to the occurrence of or a person filing on behalf of evidence, and the respondent violation of any county or any of the following acts, a child pursuant to section cannot show that his or her municipal ordinance in any attempts or threats against a 455.503 who has filed a actions alleged to constitute state, any state law, any person who may be protected verified petition pursuant to abuse were otherwise justified federal law, or any military law pursuant to this chapter, the provisions of section under the law, the court shall which, if committed in this except abuse shall not include 455.020 or section 455.505; issue a full order of protection state, would be chargeable or abuse inflicted on a child by MO. ANN. STAT. § 455.010 for a period of time the court indictable as a violation of any accidental means by an adult (2015). deems appropriate, except offense listed in this section, in household member or that the protective order shall which case stalking shall be a discipline of a child, including be valid for at least one class D felony. spanking, in a reasonable hundred eighty days and not 5. The crime of aggravated manner: more than one year. Upon stalking shall be a class D (5) “Domestic violence”, motion by the petitioner, and felony unless the person has abuse or stalking committed after a hearing by the court, previously pleaded guilty to or by a family or household the full order of protection been found guilty of a member, as such terms are may be renewed for a period violation of this section, or of defined in this section; of time the court deems any offense committed in (13) “Stalking” is when any appropriate, except that the violation of any county or person purposely and protective order shall be valid municipal ordinance in any repeatedly engages in an for at least one hundred eighty state, any state law, any unwanted course of conduct days and not more than one federal law, or any military law that causes alarm to another year from the expiration date which, if committed in this person when it is reasonable of the originally issued full state, would be chargeable or in that person's situation to order of protection. The court indictable as a violation of any have been alarmed by the may, upon finding that it is in offense listed in this section, conduct. As used in this the best interest of the aggravated stalking shall be a subdivision: parties, include a provision class C felony. (a) “Alarm” means to cause that any full order of MO. ANN. STAT. § 565.225 fear of danger of physical protection for one year shall (2015). harm; automatically renew unless (b) “Course of conduct” the respondent requests a *** effective until January 1, means a pattern of conduct hearing by thirty days prior to 2017. composed of repeated acts the expiration of the order. If over a period of time, however for good cause a hearing 1. When a law enforcement short, that serves no cannot be held on the motion officer has probable cause to legitimate purpose. Such to renew or the objection to believe a party has committed conduct may include, but is an automatic renewal of the a violation of law amounting not limited to, following the full order of protection prior to domestic violence, as

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS other person or unwanted to the expiration date of the defined in section 455.010, communication or unwanted originally issued full order of against a family or household contact; and protection, an ex parte order member, the officer may (c) “Repeated” means two or of protection may be issued arrest the offending party more incidents evidencing a until a hearing is held on the whether or not the violation continuity of purpose. motion. When an automatic occurred in the presence of MO. ANN. STAT. § 455.010 renewal is not authorized, the arresting officer. When the (2015). upon motion by the petitioner, officer declines to make arrest and after a hearing by the pursuant to this subsection, court, the second full order of the officer shall make a protection may be renewed written report of the incident for an additional period of completely describing the time the court deems offending party, giving the appropriate, except that the victim's name, time, address, protective order shall be valid reason why no arrest was for at least one hundred eighty made and any other pertinent days and not more than one information…. year. For purposes of this MO. ANN. STAT. § 455.085 (1) subsection, a finding by the (2014). court of a subsequent act of *** effective until January 1, domestic violence or stalking 2017. is not required for a renewal order of protection. MO. ANN. STAT. 455.040 (2015). MONTANA Definition of Abuse Order of Protection Order of Protection (9) Any temporary order of protection or order of MONT. CODE ANN. As used in 40-15-115 through (2) The following individuals (2) Upon a review of the protection must conspicuously §40-15-204 (2015) 40-15-121, the following are eligible to file a petition for petition and a finding that the bear the following: definitions apply: an order of protection against petitioner is in danger of harm “Violation of this order is a (6) “Stalking” has the meaning the offender regardless of the if the court does not act criminal offense under 45-5- Order of Protection provided in 45-5-220. individual's relationship to the immediately, the court shall 220 or 45-5-626 and may carry MONT. CODE ANN. § 40-15- offender: issue a temporary order of penalties of up to $10,000 in 116 (2015). (a) a victim of assault as protection that grants the fines and up to a 5-year jail defined in 45-5-201, petitioner appropriate relief. sentence. Criminal Code* aggravated assault as defined The temporary order of This order is issued by the Stalking in 45-5-202, assault on a minor protection may include any or court, and the respondent is as defined in 45-5-212, all of the following orders: forbidden to do any act listed stalking as defined in 45-5- in the order, even if invited by

100

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (1) A person commits the 220, incest as defined in 45-5- (a) prohibiting the respondent the petitioner or another offense of stalking if the 507, sexual assault as defined from threatening to commit or person. This order may be person purposely or knowingly in 45-5-502, or sexual committing acts of violence amended only by further order causes another person intercourse without consent against the petitioner and any of this court or another court substantial emotional distress as defined in 45-5-503… designated family member; that assumes jurisdiction over or reasonable apprehension of MONT. CODE ANN. § 40-15- (b) prohibiting the respondent this matter.” bodily injury or death by 102 (2015). from harassing, annoying, MONT. CODE ANN. § 40-15- repeatedly: disturbing the peace of, 204 (2015). (a) following the stalked telephoning, contacting, or person; or otherwise communicating, (b) harassing, threatening, or directly or indirectly, with the intimidating the stalked petitioner, any named family person, in person or by mail, member, any other victim of electronic communication, as this offense, or a witness to defined in 45-8-213, or any the offense; other action, device, or (c) prohibiting the respondent method. from removing a child from MONT. CODE ANN. § 45-5-220 the jurisdiction of the court; (2015). (d) directing the respondent to stay 1,500 feet or other appropriate distance away from the petitioner, the petitioner's residence, the school or place of employment of the petitioner, or any specified place frequented by the petitioner and by any other designated family or household member; (e) removing and excluding the respondent from the residence of the petitioner, regardless of ownership of the residence; (f) prohibiting the respondent from possessing or using the firearm used in the assault; (g) prohibiting the respondent from transferring,

101

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS encumbering, concealing, or otherwise disposing of any property except in the usual course of business or for the necessities of life and, if so restrained, requiring the respondent to notify the petitioner, through the court, of any proposed extraordinary expenditures made after the order is issued; (h) directing the transfer of possession and use of the residence, an automobile, and other essential personal property, regardless of ownership of the residence, automobile, or essential personal property, and directing an appropriate law enforcement officer to accompany the petitioner to the residence to ensure that the petitioner safely obtains possession of the residence, automobile, or other essential personal property or to supervise the petitioner's or respondent's removal of essential personal property; (i) directing the respondent to complete violence counseling, which may include alcohol or chemical dependency counseling or treatment, if appropriate; (j) directing other relief considered necessary to provide for the safety and

102

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS welfare of the petitioner or other designated family member. MONT. CODE ANN. § 40-15- 201 (2015).

Permanent: (1) The court may, on the basis of the respondent's history of violence, the severity of the offense at issue, and the evidence presented at the hearing, determine that to avoid further injury or harm, the petitioner needs permanent protection. The court may order that the order of protection remain in effect permanently. (2) In a dissolution proceeding, the district court may, upon request, issue either an order of protection for an appropriate period of time or a permanent order of protection. (3) An order of protection may include all of the relief listed in 40-15-201, when appropriate. (4) An order of protection may include restraining the respondent from any other named family member who is a minor. If this restriction is included, the respondent must be restrained from having contact with the minor for an appropriate time period as directed by the court or

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS permanently if the court finds that the minor was a victim of abuse, a witness to abuse, or endangered by the environment of abuse. (5) An order of protection issued under this section may continue for an appropriate time period as directed by the court or be made permanent under subsection (1), (2), or (4). The order may be terminated upon the petitioner's request that the order be dismissed. (6) An order of protection must include a section that indicates whether there are any other civil or criminal actions pending involving the parties, a brief description of the action, and the court in which the action is filed. (7) An amendment to a temporary order of protection or to an order of protection is effective only after it has been served in writing on the opposing party. MONT. CODE ANN. § 40-15- 204 (2015). NEBRASKA Criminal Code Harassment Order Harassment Protection Order (1) Except as provided in Stalking subsection (2) of this section, NEB. REV. STAT. (1) Any victim who has been (1) Any victim who has been any person convicted of §28-311.09 (2014) Any person who willfully harassed as defined by section harassed as defined by section violating section 28–311.03 is harasses another person or a 28-311.02… 28-311.02 may file a petition guilty of a Class I family or household member NEB. REV. STAT. § 28-311.09 and affidavit for a harassment misdemeanor. Harassment of such person with the intent (2014). protection order as provided Protection Order to injure, terrify, threaten, or in subsection (3) of this

104

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS intimidate commits the Protection Order section. Upon the filing of such (2) Any person convicted of NEB. REV. STAT. offense of stalking. a petition and affidavit in violating section 28–311.03 is §42-924 (2014) NEB. REV. STAT. § 28-311.03 Any victim of domestic abuse support thereof, the court guilty of a Class IIIA felony if: (2014). may file a petition and may issue a harassment (a) The person has a prior Domestic Violence affidavit for a protection order protection order without bond conviction under such section (2) For purposes of sections as provided in subsection (2) enjoining the respondent from or a substantially conforming Protection Order 28-311.02 to 28-311.05, 28- of this section… (a) imposing any restraint criminal violation within the 311.09, and 28-311.10: NEB. REV. STAT. § 42-924 upon the person or liberty of last seven years; (a) Harass means to engage in (2014). the petitioner, (b) harassing, (b) The victim is under sixteen a knowing and willful course of threatening, assaulting, years of age; conduct directed at a specific molesting, attacking, or (c) The person possessed a person which seriously otherwise disturbing the deadly weapon at any time terrifies, threatens, or peace of the petitioner, or (c) during the violation; intimidates the person and telephoning, contacting, or (d) The person was also in which serves no legitimate otherwise communicating violation of section 28–311.09, purpose; with the petitioner. 42–924, or 42–925 at any time (b) Course of conduct means a (2) The petition for a during the violation; or pattern of conduct composed harassment protection order (e) The person has been of a series of acts over a shall state the events and convicted of any felony in this period of time, however short, dates of acts constituting the state or has been convicted of evidencing a continuity of alleged harassment. a crime in another jurisdiction purpose, including a series of (3) A petition for a harassment which, if committed in this acts of following, detaining, protection order shall be filed state, would constitute a restraining the personal liberty with the clerk of the district felony and the victim or a of, or stalking the person or court, and the proceeding may family or household member telephoning, contacting, or be heard by the county court of the victim was also the otherwise communicating or the district court as victim of such previous felony. with the person; provided in section 25-2740. NEB. REV. STAT. § 28-311.04 NEB. REV. STAT. § 28-311.02 (4) A petition for a harassment (2015). (2014). protection order filed pursuant to subsection (1) of this section may not be withdrawn except upon order of the court. An order issued pursuant to subsection (1) of this section shall specify that it is effective for a period of one year unless otherwise dismissed or modified by the

105

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS court. Any person who knowingly violates an order issued pursuant to subsection (1) of this section after service or notice as described in subdivision (8)(b) of this section shall be guilty of a Class II misdemeanor. (5)(a) Fees to cover costs associated with the filing of a petition for a harassment protection order or the issuance or service of a harassment protection order seeking only the relief provided by this section shall not be charged, except that a court may assess such fees and costs if the court finds, by clear and convincing evidence, that the statements contained in the petition were false and that the harassment protection order was sought in bad faith. (b) A court may also assess costs associated with the filing of a petition for a harassment protection order or the issuance or service of a harassment protection order seeking only the relief provided by this section against the respondent. (6) The clerk of the district court shall make available standard application and affidavit forms for a harassment protection order

106

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS with instructions for completion to be used by a petitioner. The clerk and his or her employees shall not provide assistance in completing the forms. The State Court Administrator shall adopt and promulgate the standard application and affidavit forms provided for in this section as well as the standard temporary and final harassment protection order forms and provide a copy of such forms to all clerks of the district courts in this state. These standard temporary and final harassment protection order forms shall be the only such forms used in this state. (7) Any order issued under subsection (1) of this section may be issued ex parte without notice to the respondent if it reasonably appears from the specific facts shown by affidavit of the petitioner that irreparable harm, loss, or damage will result before the matter can be heard on notice. If the specific facts included in the affidavit (a) do not show that the petitioner will suffer irreparable harm, loss, or damage or (b) show that, for any other compelling reason, an ex parte order should not be issued, the court may

107

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS forthwith cause notice of the application to be given to the respondent stating that he or she may show cause, not more than fourteen days after service, why such order should not be entered. If such ex parte order is issued without notice to the respondent, the court shall forthwith cause notice of the petition and order and a form with which to request a show-cause hearing to be given the respondent stating that, upon service on the respondent, the order shall remain in effect for a period of one year unless the respondent shows cause why the order should not remain in effect for a period of one year. If the respondent wishes to appear and show cause why the order should not remain in effect for a period of one year, he or she shall affix his or her current address, telephone number, and signature to the form and return it to the clerk of the district court within five days after service upon him or her. Upon receipt of the request for a show-cause hearing, the court shall immediately schedule a show- cause hearing to be held within thirty days after the receipt of the request for a show-cause hearing and shall

108

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS notify the petitioner and respondent of the hearing date. (8)(a) Upon the issuance of any harassment protection order, the clerk of the court shall forthwith provide the petitioner, without charge, with two certified copies of such order. The clerk of the court shall also forthwith provide the local police department or local law enforcement agency and the local sheriff's office, without charge, with one copy each of such order and one copy each of the sheriff's return thereon. The clerk of the court shall also forthwith provide a copy of the harassment protection order to the sheriff's office in the county where the respondent may be personally served together with instructions for service. Upon receipt of the order and instructions for service, such sheriff's office shall forthwith serve the harassment protection order upon the respondent and file its return thereon with the clerk of the court which issued the harassment protection order within fourteen days of the issuance of the harassment protection order. If any harassment protection order is

109

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS dismissed or modified by the court, the clerk of the court shall forthwith provide the local police department or local law enforcement agency and the local sheriff's office, without charge, with one copy each of the order of dismissal or modification. (b) If the respondent is present at a hearing convened pursuant to this section and the harassment protection order is not dismissed, such respondent shall be deemed to have notice by the court at such hearing that the protection order will be granted and remain in effect and further service of such notice described in this subsection shall not be required for purposes of prosecution under this section. If the respondent has been properly served with the ex parte order and fails to appear at the hearing, the temporary order shall be deemed to be granted and remain in effect and the service of the ex parte order will serve as notice required under this section. NEB. REV. STAT. § 28-311.09 (2014).

Protection Order

110

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (1) Any victim of domestic abuse may file a petition and affidavit for a protection order as provided in subsection (2) of this section. Upon the filing of such a petition and affidavit in support thereof, the court may issue a protection order without bond granting the following relief: (a) Enjoining the respondent from imposing any restraint upon the petitioner or upon the liberty of the petitioner; (b) Enjoining the respondent from threatening, assaulting, molesting, attacking, or otherwise disturbing the peace of the petitioner; (c) Enjoining the respondent from telephoning, contacting, or otherwise communicating with the petitioner; (d) Removing and excluding the respondent from the residence of the petitioner, regardless of the ownership of the residence; (e) Ordering the respondent to stay away from any place specified by the court; (f) Awarding the petitioner temporary custody of any minor children not to exceed ninety days; (g) Enjoining the respondent from possessing or purchasing a firearm as defined in section 28-1201; or

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (h) Ordering such other relief deemed necessary to provide for the safety and welfare of the petitioner and any designated family or household member. NEB. REV. STAT. § 42-924 (2014). NEVADA Definition of Abuse Order of Protection Order of Protection 1. A person who, without lawful authority, willfully or NEV. REV. STAT. ANN. § 1. Domestic violence occurs 1. In addition to any other 1. In addition to any other maliciously engages in a 200.591 (2014) when a person commits one of remedy provided by law, a remedy provided by law, a course of conduct that would the following acts against or person who reasonably person who reasonably cause a reasonable person to upon the person’s spouse or believes that the crime of believes that the crime of feel terrorized, frightened, Order for Protection former spouse, any other stalking, aggravated stalking or stalking, aggravated stalking or intimidated, harassed or Against Harassment or person to whom the person is harassment is being harassment is being fearful for the immediate Stalking related by blood or marriage, committed against him or her committed against him or her safety of a family or household any other person with whom by another person may by another person may member, and that actually the person is or was actually petition any court of petition any court of causes the victim to feel residing, any other person competent jurisdiction for a competent jurisdiction for a terrorized, frightened, with whom the person has temporary or extended temporary or extended order intimidated, harassed or had or is having a dating order… directing the person who is fearful for the immediate relationship, any other person NEV. REV. STAT. ANN. 200.591 allegedly committing the safety of a family or household with whom the person has a (2014). crime to: member, commits the crime child in common, the minor (a) Stay away from the home, of stalking. Except where the child of any of those persons, school, business or place of provisions of subsection 2 or 3 the person’s minor child or employment of the victim of are applicable, a person who any other person who has the alleged crime and any commits the crime of stalking: been appointed the custodian other location specifically (a) For the first offense, is or legal guardian for the named by the court. guilty of a misdemeanor. person’s minor child: (b) Refrain from contacting, (b) For any subsequent (e) A knowing, purposeful or intimidating, threatening or offense, is guilty of a gross reckless course of conduct otherwise interfering with the misdemeanor. intended to harass the other victim of the alleged crime and 2. A person who commits the person. Such conduct may any other person named in the crime of stalking and in include, but is not limited to: order, including, without conjunction therewith (1) Stalking. limitation, a member of the threatens the person with the NEV. REV. STAT. ANN. § family or the household of the intent to cause the person to 33.018 (2014). victim of the alleged crime. be placed in reasonable fear of

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (c) Comply with any other death or substantial bodily Criminal Definition restriction which the court harm commits the crime of Stalking deems necessary to protect aggravated stalking. A person the victim of the alleged crime who commits the crime of 1. A person who, without or to protect any other person aggravated stalking shall be lawful authority, willfully or named in the order, including, punished for a category B maliciously engages in a without limitation, a member felony by imprisonment in the course of conduct that would of the family or the household state prison for a minimum cause a reasonable person to of the victim of the alleged term of not less than 2 years feel terrorized, frightened, crime. and a maximum term of not intimidated, harassed or NEV. REV. STAT. ANN. 200.591 more than 15 years, and may fearful for the immediate (2014). be further punished by a fine safety of a family or household of not more than $5,000. member, and that actually 3. A person who commits the causes the victim to feel crime of stalking with the use terrorized, frightened, of an Internet or network site, intimidated, harassed or electronic mail, text messaging fearful for the immediate or any other similar means of safety of a family or household communication to publish, member, commits the crime display or distribute of stalking. Except where the information in a manner that provisions of subsection 2 or 3 substantially increases the risk are applicable, a person who of harm or violence to the commits the crime of victim shall be punished for a stalking… category C felony as provided NEV. REV. STAT. ANN. 200.575 in NRS 193.130. (2014). NEV. REV. STAT. ANN. 200.575 (2014). 2. A person who commits the crime of stalking and in Violation of order of conjunction therewith protection threatens the person with the intent to cause the person to 5. Unless a more severe be placed in reasonable fear of penalty is prescribed by law death or substantial bodily for the act that constitutes the harm commits the crime of violation of the order, any aggravated stalking. A person person who intentionally who commits the crime of violates: aggravated stalking shall be

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS punished for a category B (a) A temporary order is guilty felony by imprisonment in the of a gross misdemeanor. state prison for a minimum (b) An extended order is guilty term of not less than 2 years of a category C felony and and a maximum term of not shall be punished as provided more than 15 years, and may in NRS 193.130. be further punished by a fine NEV. REV. STAT. ANN. 200.591 of not more than $5,000. (2014). NEV. REV. STAT. ANN. 200.575 (2014). NEW HAMPSHIRE Definition of Abuse Domestic Violence Protective Domestic Violence Protective VI. (a) Any person convicted of Order Order a violation of this section and I. “Abuse” means the who has one or more prior N.H. REV. STAT. ANN. commission or attempted X. “Family or household I. A finding of abuse shall stalking convictions in this §173-B (2015) commission of one or more of member” means: mean the defendant state or another state when the acts described in (a) Spouses, ex-spouses, represents a credible threat to the second or subsequent

subparagraphs (a) through (h) persons cohabiting with each the safety of the plaintiff. offense occurs within 7 years Domestic Violence by a family or household other, and persons who Upon a showing of abuse of following the date of the first Protective Order member or by a current or cohabited with each other but the plaintiff by a or prior offense shall be guilty former sexual or intimate who no longer share the same preponderance of the of a class B felony. partner, where such conduct is residence. evidence, the court shall grant (b) In all other cases, any N.H. REV. STAT. ANN. § determined to constitute a (b) Parents and other persons such relief as is necessary to person who is convicted of a 633:3-A (2015) credible present threat to the related by consanguinity or bring about a cessation of violation of this section shall petitioner's safety. The court affinity, other than minor abuse. Such relief shall direct be guilty of a class A Stalking Protective Order may consider evidence of such children who reside with the the defendant to relinquish to misdemeanor. acts, regardless of their defendant. the peace officer any and all N.H. REV. STAT. ANN. § 633:3- proximity in time to the filing N.H. Rev. Stat. 173-B:1 (2015). firearms and ammunition in a (2015) of the petition, which, in the control, ownership, or combination with recent Protective Order possession of the defendant, conduct, reflects an ongoing or any other person on behalf pattern of behavior which No specific relationship of the defendant for the reasonably causes or has requirement under this duration of the protective caused the petitioner to fear section, except for when order. Other relief may for his or her safety or well- claiming that a family member include: being: is being stalked. (a) Protective orders: (d) Interference with freedom (1) Restraining the defendant as defined in RSA 633:1 III-a. A person who has been from abusing the plaintiff. through RSA 633:3-a. the victim of stalking as (2) Restraining the defendant defined in this section may from entering the premises

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS N.H. REV. STAT. ANN. 173-B:1 seek relief by filing a civil and curtilage where the (2015). petition in the district court in plaintiff resides, except when the district where the plaintiff the defendant is accompanied Criminal Code or defendant resides. Upon a by a peace officer and is Stalking showing of stalking by a allowed entry by the plaintiff preponderance of the for the sole purpose of I. A person commits the evidence, the court shall grant retrieving personal property offense of stalking if such such relief as is necessary to specified by the court. person: bring about a cessation of (3) Restraining the defendant (a) Purposely, knowingly, or stalking. The types of relief from contacting the plaintiff or recklessly engages in a course that may be granted, the entering the plaintiff's place of of conduct targeted at a procedures and burdens of employment, school, or any specific person which would proof to be applied in such specified place frequented cause a reasonable person to proceedings, the methods of regularly by the plaintiff or by fear for his or her personal notice, service, and any family or household safety or the safety of a enforcement of such orders, member. member of that person's and the penalties for violation (4) Restraining the defendant immediate family, and the thereof shall be the same as from abusing the plaintiff, person is actually placed in those set forth in RSA 173-B. plaintiff's relatives, regardless such fear; N.H. REV. STAT. ANN. § 633:3- of their place of residence, or (b) Purposely or knowingly a (2015). plaintiff's household members engages in a course of conduct in any way. targeted at a specific (5) Restraining the defendant individual, which the actor from taking, converting, or knows will place that damaging property in which individual in fear for his or her the plaintiff may have a legal personal safety or the safety or equitable interest. of a member of that (6) Directing the defendant to individual's immediate family; relinquish to the peace officer, or in addition to the relief (c) After being served with, or specified in RSA 173-B:5, I, any otherwise provided notice of, and all deadly weapons a protective order pursuant to specified in the protective RSA 173-B, RSA 458:16, or order that are in the control, paragraph III-a of this section, ownership, or possession of or an order pursuant to RSA the defendant, or any other 597:2 that prohibits contact person on behalf of the with a specific individual, defendant. purposely, knowingly, or

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS recklessly engages in a single (7) Granting the petitioner act of conduct that both exclusive care, custody, or violates the provisions of the control of any animal owned, order and is listed in possessed, leased, kept, or paragraph II(a). held by the petitioner, N.H. REV. STAT. ANN. § 633:3- defendant, or a minor child in a (2015). either household, and ordering the defendant to stay away from the animal and forbidding the defendant from taking, transferring, encumbering, concealing, committing an act of cruelty or neglect, or disposing of the animal. (b) Other relief including, but not limited to: (1) Granting the plaintiff the exclusive use and possession of the premises and curtilage of the plaintiff's place of residence, unless the defendant exclusively owns or leases and pays for the premises and the defendant has no legal duty to support the plaintiff or minor children on the premises. (2) Restraining the defendant from withholding items of the plaintiff's personal property specified by the court. A peace officer shall accompany the plaintiff in retrieving such property to protect the plaintiff. (3) Granting to the plaintiff the exclusive right of use and possession of the household

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS furniture, furnishings, or a specific automobile, unless the defendant exclusively owns such personal property and the defendant has no legal duty to support the plaintiff or minor children. (4) Ordering the defendant to make automobile, insurance, health care, utilities, rent, or mortgage payments. (5) Awarding temporary custody of the parties' minor children to either party or, where appropriate, to the department, provided that: (A) Where custody of the parties' minor children with the department may be appropriate, the department shall receive actual notice of the hearing 10 days prior to such hearing provided that, if necessary, such hearing may be continued 10 days to provide the department adequate notice. (B) The department may move at any time to rescind its custody of the parties' minor children. (6) Establishing visitation rights with regard to the parties' minor children. The court shall consider, and may impose on a custody award, conditions necessary to assure the safety of the plaintiff and minor children. This may

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS include orders denying visitation, requiring supervised visitation that shall take place only at a visitation center that uses a metal detection device and has trained security personnel on-site, or requiring supervised visitation, where such order can be entered consistent with the following requirements. In determining whether visitation shall be granted, the court shall consider whether visitation can be exercised by the non- custodial parent without risk to the plaintiff's or children's safety. In making such determination, the court shall consider, in addition to any other relevant factors, the following: (A) The degree to which visitation exposes the plaintiff or the children to physical or psychological harm. (B) Whether the risk of physical or psychological harm can be removed by ordering supervised visitation or by ordering supervised visitation at a center that uses a metal detection device and has trained security personnel on- site. (C) Whether visitation can be ordered without requiring the plaintiff and defendant to

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS have contact regarding the exchange of children. (7) Directing the defendant to pay financial support to the plaintiff or minor children, unless the defendant has no legal duty to support the plaintiff or minor children. (8) Directing the abuser to engage in a batterer's intervention program or personal counseling. If available, such intervention and counseling program shall focus on alternatives to aggression. The court shall not direct the plaintiff to engage in joint counseling services with the defendant. Court-ordered and court-referred mediation of cases involving domestic violence shall be prohibited. (9) Ordering the defendant to pay the plaintiff monetary compensation for losses suffered as a direct result of the abuse which may include, but not be limited to, loss of earnings or support, medical and dental expenses, damage to property, out-of-pocket losses for injuries sustained, and moving and shelter expenses. (10) Ordering the defendant to pay reasonable attorney's fees. N.H. REV. STAT. ANN. 173-B:5 (2015).

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS III-a. A person who has been the victim of stalking as defined in this section may seek relief by filing a civil petition in the district court in the district where the plaintiff or defendant resides. Upon a showing of stalking by a preponderance of the evidence, the court shall grant such relief as is necessary to bring about a cessation of stalking. The types of relief that may be granted, the procedures and burdens of proof to be applied in such proceedings, the methods of notice, service, and enforcement of such orders, and the penalties for violation thereof shall be the same as those set forth in RSA 173-B. N.H. REV. STAT. ANN. § 633:3- a (2015). NEW JERSEY Definition of Abuse Restraining Order Restraining Order A violation by the defendant of an order issued pursuant to N.J. STAT. ANN. As used in this act: There is no relationship a. A judgment of conviction for this act shall constitute an § 2C:25-29 (2015) a. “Domestic violence” means requirement when criminal stalking shall operate as an offense under subsection a. of the occurrence of one or more conviction is in place. application for a permanent N.J.S.2C:29-9 and each order of the following acts inflicted N.J. STAT. ANN. § 2C:12-10.1 restraining order limiting the shall so state. Violations of Restraining Order upon a person protected (2015). contact of the defendant and these orders may be enforced under this act by an adult or the victim who was stalked. in a civil or criminal action an emancipated minor: d. “Victim of domestic N.J. STAT. ANN. § 2C:12-10.1 initiated by the stalking victim (14) Stalking P.L.1992, c. 209 violence” means a person (2015). or by the court, on its own (C. 2C:12-10) protected under this act and motion, pursuant to applicable N.J. STAT. ANN. § 2C:25-19 shall include any person who b. In proceedings in which court rules. Nothing in this act (2015). is 18 years of age or older or complaints for restraining shall preclude the filing of a who is an emancipated minor orders have been filed, the criminal complaint for stalking Criminal Definition and who has been subjected court shall grant any relief based on the same act which

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS Stalking to domestic violence by a necessary to prevent further is the basis for the violation of spouse, former spouse, or any abuse. In addition to any other the permanent restraining b. A person is guilty of stalking, other person who is a present provisions, any restraining order. a crime of the fourth degree, if or former household member. order issued by the court shall N.J. STAT. ANN. § 2C:12-10.1 he purposefully or knowingly “Victim of domestic violence” bar the defendant from (2015). engages in a course of conduct also includes any person, purchasing, owning, directed at a specific person regardless of age, who has possessing or controlling a that would cause a reasonable been subjected to domestic firearm and from receiving or person to fear for his safety or violence by a person with retaining a firearms purchaser the safety of a third person or whom the victim has a child in identification card or permit to suffer other emotional common, or with whom the purchase a handgun pursuant distress. victim anticipates having a to N.J.S.2C:58-3 during the c. A person is guilty of a crime child in common, if one of the period in which the restraining of the third degree if he parties is pregnant. “Victim of order is in effect or two years commits the crime of stalking domestic violence” also whichever is greater, except in violation of an existing court includes any person who has that this provision shall not order prohibiting the behavior. been subjected to domestic apply to any law enforcement d. A person who commits a violence by a person with officer while actually on duty, second or subsequent offense whom the victim has had a or to any member of the of stalking against the same dating relationship. Armed Forces of the United victim is guilty of a crime of N.J. STAT. ANN. § 2C:25-19 States or member of the the third degree. (2015). National Guard while actually e. A person is guilty of a crime on duty or traveling to or from of the third degree if he an authorized place of duty. At commits the crime of stalking the hearing the judge of the while serving a term of Family Part of the Chancery imprisonment or while on Division of the Superior Court parole or probation as the may issue an order granting result of a conviction for any any or all of the following indictable offense under the relief: laws of this State, any other (1) An order restraining the state or the United States. defendant from subjecting the N.J. STAT. ANN. § 2C:12-10 victim to domestic violence, as (2015). defined in this act. (2) An order granting exclusive possession to the plaintiff of the residence or household regardless of whether the residence or household is

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS jointly or solely owned by the parties or jointly or solely leased by the parties. This order shall not in any manner affect title or interest to any real property held by either party or both jointly. If it is not possible for the victim to remain in the residence, the court may order the defendant to pay the victim's rent at a residence other than the one previously shared by the parties if the defendant is found to have a duty to support the victim and the victim requires alternative housing. (3) An order providing for parenting time. The order shall protect the safety and well- being of the plaintiff and minor children and shall specify the place and frequency of parenting time. Parenting time arrangements shall not compromise any other remedy provided by the court by requiring or encouraging contact between the plaintiff and defendant. Orders for parenting time may include a designation of a place of parenting time away from the plaintiff, the participation of a third party, or supervised parenting time. (a) The court shall consider a request by a custodial parent

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS who has been subjected to domestic violence by a person with parenting time rights to a child in the parent's custody for an investigation or evaluation by the appropriate agency to assess the risk of harm to the child prior to the entry of a parenting time order. Any denial of such a request must be on the record and shall only be made if the judge finds the request to be arbitrary or capricious. (b) The court shall consider suspension of the parenting time order and hold an emergency hearing upon an application made by the plaintiff certifying under oath that the defendant's access to the child pursuant to the parenting time order has threatened the safety and well-being of the child. (4) An order requiring the defendant to pay to the victim monetary compensation for losses suffered as a direct result of the act of domestic violence. The order may require the defendant to pay the victim directly, to reimburse the Victims of Crime Compensation Office for any and all compensation paid by the Victims of Crime Compensation Office directly to or on behalf of the victim,

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS and may require that the defendant reimburse any parties that may have compensated the victim, as the court may determine. Compensatory losses shall include, but not be limited to, loss of earnings or other support, including child or spousal support, out-of-pocket losses for injuries sustained, cost of repair or replacement of real or personal property damaged or destroyed or taken by the defendant, cost of counseling for the victim, moving or other travel expenses, reasonable attorney's fees, court costs, and compensation for pain and suffering. Where appropriate, punitive damages may be awarded in addition to compensatory damages. (5) An order requiring the defendant to receive professional domestic violence counseling from either a private source or a source appointed by the court and, in that event, requiring the defendant to provide the court at specified intervals with documentation of attendance at the professional counseling. The court may order the defendant to pay for the professional counseling. No application by the

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS defendant to dissolve a final order which contains a requirement for attendance at professional counseling pursuant to this paragraph shall be granted by the court unless, in addition to any other provisions required by law or conditions ordered by the court, the defendant has completed all required attendance at such counseling. (6) An order restraining the defendant from entering the residence, property, school, or place of employment of the victim or of other family or household members of the victim and requiring the defendant to stay away from any specified place that is named in the order and is frequented regularly by the victim or other family or household members. (7) An order restraining the defendant from making contact with the plaintiff or others, including an order forbidding the defendant from personally or through an agent initiating any communication likely to cause annoyance or alarm including, but not limited to, personal, written, or telephone contact with the victim or other family members, or their employers, employees, or fellow workers,

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS or others with whom communication would be likely to cause annoyance or alarm to the victim. (8) An order requiring that the defendant make or continue to make rent or mortgage payments on the residence occupied by the victim if the defendant is found to have a duty to support the victim or other dependent household members; provided that this issue has not been resolved or is not being litigated between the parties in another action. (9) An order granting either party temporary possession of specified personal property, such as an automobile, checkbook, documentation of health insurance, an identification document, a key, and other personal effects. (10) An order awarding emergency monetary relief, including emergency support for minor children, to the victim and other dependents, if any. An ongoing obligation of support shall be determined at a later date pursuant to applicable law. (11) An order awarding temporary custody of a minor child. The court shall presume that the best interests of the child are served by an award

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS of custody to the non-abusive parent. (12) An order requiring that a law enforcement officer accompany either party to the residence or any shared business premises to supervise the removal of personal belongings in order to ensure the personal safety of the plaintiff when a restraining order has been issued. This order shall be restricted in duration. (13) (Deleted by amendment, P.L.1995, c. 242). (14) An order granting any other appropriate relief for the plaintiff and dependent children, provided that the plaintiff consents to such relief, including relief requested by the plaintiff at the final hearing, whether or not the plaintiff requested such relief at the time of the granting of the initial emergency order. (15) An order that requires that the defendant report to the intake unit of the Family Part of the Chancery Division of the Superior Court for monitoring of any other provision of the order. (16) In addition to the order required by this subsection prohibiting the defendant from possessing any firearm,

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS the court may also issue an order prohibiting the defendant from possessing any other weapon enumerated in subsection r. of N.J.S.2C:39-1 and ordering the search for and seizure of any firearm or other weapon at any location where the judge has reasonable cause to believe the weapon is located. The judge shall state with specificity the reasons for and scope of the search and seizure authorized by the order. (17) An order prohibiting the defendant from stalking or following, or threatening to harm, to stalk or to follow, the complainant or any other person named in the order in a manner that, taken in the context of past actions of the defendant, would put the complainant in reasonable fear that the defendant would cause the death or injury of the complainant or any other person. Behavior prohibited under this act includes, but is not limited to, behavior prohibited under the provisions of P.L.1992, c. 209 (C.2C:12-10). (18) An order requiring the defendant to undergo a psychiatric evaluation.

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (19) An order directing the possession of any animal owned, possessed, leased, kept, or held by either party or a minor child residing in the household. Where a person has abused or threatened to abuse such animal, there shall be a presumption that possession of the animal shall be awarded to the non- abusive party. N.J. STAT. ANN. § 2C:25-29 (2015). NEW MEXICO Definition of Abuse Protection Order Protection Order Stalking

N.M. STAT. ANN. § 40-13-3 D. “domestic abuse”: C. Except for petitions alleging A. Upon finding that domestic C. Whoever commits stalking (2015) (1) means an incident of stalking or sexual assault, if abuse has occurred or upon is guilty of a misdemeanor. Civil Order of Protection stalking or sexual assault the court finds that the alleged stipulation of the parties, the Upon a second or subsequent whether committed by a perpetrator is not a household court shall enter an order of conviction, the offender is household member or not; member, the court shall protection ordering the guilty of a fourth degree N.M. STAT. ANN. § 40-13-2 (1) dismiss the petition. restrained party to refrain felony. (2015). N.M. STAT. ANN. § 40-13-4 from abusing the protected D. In addition to any (2015). party or any other household punishment provided Stalking member. The court shall pursuant to the provisions of E. “household member” specifically describe the acts this section, the court shall A. Stalking consists of means a spouse, former the court has ordered the order a person convicted of knowingly pursuing a pattern spouse, parent, present or restrained party to do or stalking to participate in and of conduct, without lawful former stepparent, present or refrain from doing. As a part of complete a program of authority, directed at a former parent in-law, any order of protection, the professional counseling at the specific individual when the grandparent, grandparent-in- court may: person's own expense or a person intends that the law, child, stepchild, (1) grant sole possession of domestic violence offender pattern of conduct would grandchild, co-parent of a the residence or household to treatment or intervention place the individual in child or a person with whom the protected party during the program. reasonable apprehension of the petitioner has had a period the order of protection N.M. STAT. ANN. § 30-3A-3 death, bodily harm, sexual continuing personal is effective or order the (2015). assault, confinement or relationship. Cohabitation is restrained party to provide restraint of the individual or not necessary to be deemed a temporary suitable alternative Aggravated Stalking another individual. housing for the protected

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS N.M. STAT. ANN. § 30-3A-3 household member for party and any children to B. Whoever commits (2015). purposes of this section; whom the restrained party aggravated stalking is guilty of N.M. STAT. ANN. § 40-13-2 owes a legal obligation of a fourth degree felony. Upon a Aggravated Stalking (2015). support; second or subsequent (2) award temporary custody conviction, the offender is A. Aggravated stalking consists of any children involved when guilty of a third degree felony. of stalking perpetrated by a appropriate and provide for C. In addition to any person: visitation rights, child support punishment provided (1) who knowingly violates a and temporary support for the pursuant to the provisions of permanent or temporary protected party on a basis that this section, the court shall order of protection issued by a gives primary consideration to order a person convicted of court, except that mutual the safety of the protected aggravated stalking to violations of such orders may party and the children; participate in and complete a constitute a defense to (3) order that the restrained program of professional aggravated stalking; party shall not initiate contact counseling at his own expense. (2) in violation of a court order with the protected party; N.M. STAT. ANN. § 30-3A-3.1 setting conditions of release (4) restrain a party from (2015). and bond; transferring, concealing, (3) when the person is in encumbering or otherwise possession of a deadly disposing of the other party's weapon; or property or the joint property (4) when the victim is less than of the parties except in the sixteen years of age. usual course of business or for N.M. STAT. ANN. § 30-3A-3.1 the necessities of life and (2015). require the parties to account to the court for all such transferences, encumbrances and expenditures made after the order is served or communicated to the restrained party; (5) order the restrained party to reimburse the protected party or any other household member for expenses reasonably related to the occurrence of domestic abuse, including medical expenses, counseling expenses, the

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS expense of seeking temporary shelter, expenses for the replacement or repair of damaged property or the expense of lost wages; (6) order the restrained party to participate in, at the restrained party's expense, professional counseling programs deemed appropriate by the court, including counseling programs for perpetrators of domestic abuse, alcohol abuse or abuse of controlled substances; and (7) order other injunctive relief as the court deems necessary for the protection of a party, including orders to law enforcement agencies as provided by this section. B. The order of protection shall contain a notice that violation of any provision of the order constitutes contempt of court and may result in a fine or imprisonment or both. C. If the order of protection supersedes or alters prior orders of the court pertaining to domestic matters between the parties, the order shall say so on its face. If an action relating to child custody or child support is pending or has concluded with entry of an order at the time the petition for an order of protection was

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS filed, the court may enter an initial order of protection, but the portion of the order dealing with child custody or child support will then be transferred to the court that has or continues to have jurisdiction over the pending or prior custody or support action. D. A mutual order of protection shall be issued only in cases where both parties have petitioned the court and the court makes detailed findings of fact indicating that both parties acted primarily as aggressors and that neither party acted primarily in self- defense. E. No order issued under the Family Violence Protection Act shall affect title to any property or allow a party to transfer, conceal, encumber or otherwise dispose of another party's property or the joint or community property of the parties. F. Either party may request a review hearing to amend an order of protection. An order of protection involving child custody or support may be modified without proof of a substantial or material change of circumstances. G. An order of protection shall not be issued unless a petition

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS or a counter petition has been filed. N.M. STAT. ANN. § 40-13-5 (2015). NEW YORK Criminal Code Protection Order Protection Order Stalking in the fourth degree is Stalking in the fourth degree: a class B misdemeanor. N.Y. FAM. CT. ACT §821 1. Jurisdiction. The family An order of protection under N.Y. PENAL LAW § 120.45 (2015) A person is guilty of stalking in court and the criminal courts section eight hundred forty- (2015). the fourth degree when he or shall have concurrent one of this part shall set forth

she intentionally, and for no jurisdiction over any reasonable conditions of Stalking in the third degree is a Protection Order legitimate purpose, engages in proceeding concerning acts behavior to be observed for a class A misdemeanor. a course of conduct directed which would constitute period not in excess of two N.Y. PENAL LAW § 120.50 at a specific person, and disorderly conduct, years by the petitioner or (2015). knows or reasonably should harassment in the first degree, respondent or for a period not know that such conduct: harassment in the second in excess of five years upon (i) Stalking in the second degree 1. is likely to cause reasonable degree, aggravated a finding by the court on the is a class E felony. fear of material harm to the harassment in the second record of the existence of N.Y. PENAL LAW § 120.55 physical health, safety or degree, sexual misconduct, aggravating circumstances as (2015). property of such person, a forcible touching, sexual abuse defined in paragraph (vii) of member of such person's in the third degree, sexual subdivision (a) of section eight Stalking in the first degree is a immediate family or a third abuse in the second degree as hundred twenty-seven of this class D felony. party with whom such person set forth in subdivision one of article; or (ii) a finding by the N.Y. PENAL LAW § 120.60 is acquainted; or section 130.60 of the penal court on the record that the (2015). 2. causes material harm to the law, stalking in the first conduct alleged in the petition mental or emotional health of degree, stalking in the second is in violation of a valid order such person, where such degree, stalking in the third of protection. Any finding of conduct consists of following, degree, stalking in the fourth aggravating circumstances telephoning or initiating degree, criminal mischief, pursuant to this section shall communication or contact menacing in the second be stated on the record and with such person, a member degree, menacing in the third upon the order of protection. of such person's immediate degree, reckless The court may also, upon family or a third party with endangerment, criminal motion, extend the order of whom such person is obstruction of breathing or protection for a reasonable acquainted, and the actor was blood circulation, period of time upon a showing previously clearly informed to strangulation in the second of good cause or consent of cease that conduct; or degree, strangulation in the the parties. The fact that 3. is likely to cause such first degree, assault in the abuse has not occurred during person to reasonably fear that second degree, assault in the the pendency of an order shall his or her employment, third degree, an attempted not, in itself, constitute

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS business or career is assault, identity theft in the sufficient ground for denying threatened, where such first degree, identity theft in or failing to extend the order. conduct consists of appearing, the second degree, identity The court must articulate a telephoning or initiating theft in the third degree, basis for its decision on the communication or contact at grand larceny in the fourth record. The duration of any such person's place of degree, grand larceny in the temporary order shall not by employment or business, and third degree or coercion in the itself be a factor in the actor was previously second degree as set forth in determining the length or clearly informed to cease that subdivisions one, two and issuance of any final order. conduct. three of section 135.60 of the Any order of protection issued N.Y. PENAL LAW § 120.45 penal law between spouses or pursuant to this section shall (2015). former spouses, or between specify if an order of probation parent and child or between is in effect. Any order of Stalking in the third degree: members of the same family protection issued pursuant to or household except that if the this section may require the A person is guilty of stalking in respondent would not be petitioner or the respondent: the third degree when he or criminally responsible by (a) to stay away from the she: reason of age pursuant to home, school, business or 1. Commits the crime of section 30.00 of the penal law, place of employment of any stalking in the fourth degree in then the family court shall other party, the other spouse, violation of section 120.45 of have exclusive jurisdiction the other parent, or the child, this article against three or over such proceeding… and to stay away from any more persons, in three or N.Y. FAM. CT. ACT § 812 other specific location more separate transactions, (2015). designated by the court, for which the actor has not provided that the court shall been previously convicted; or Person who may originate make a determination, and 2. Commits the crime of proceedings shall state such determination stalking in the fourth degree in in a written decision or on the violation of section 120.45 of (a) Any person in the relation record, whether to impose a this article against any person, to the respondent of spouse, condition pursuant to this and has previously been or former spouse, parent, subdivision, provided further, convicted, within the child, or member of the same however, that failure to make preceding ten years of a family or household; such a determination shall not specified predicate crime, as (b) A duly authorized agency, affect the validity of such defined in subdivision five of association, society, or order of protection. In making section 120.40 of this article, institution; such determination, the court and the victim of such (c) A peace officer, acting shall consider, but shall not be specified predicate crime is pursuant to his special duties, limited to consideration of, the victim, or an immediate or a police officer; whether the order of

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS family member of the victim, (d) A person on the court's protection is likely to achieve of the present offense; or own motion. its purpose in the absence of 3. With intent to harass, annoy N.Y. FAM. CT. ACT § 822 such a condition, conduct or alarm a specific person, (2015). subject to prior orders of intentionally engages in a protection, prior incidents of course of conduct directed at abuse, extent of past or such person which is likely to present injury, threats, drug or cause such person to alcohol abuse, and access to reasonably fear physical injury weapons; or serious physical injury, the (b) to permit a parent, or a commission of a sex offense person entitled to visitation by against, or the kidnapping, a court order or a separation unlawful imprisonment or agreement, to visit the child at death of such person or a stated periods; member of such person's (c) to refrain from committing immediate family; or a family offense, as defined in 4. Commits the crime of subdivision one of section stalking in the fourth degree eight hundred twelve of this and has previously been act, or any criminal offense convicted within the preceding against the child or against the ten years of stalking in the other parent or against any fourth degree. person to whom custody of N.Y. PENAL LAW § 120.50 the child is awarded, or from (2015). harassing, intimidating or threatening such persons; Stalking in the second degree: (d) to permit a designated A person is guilty of stalking in party to enter the residence the second degree when he or during a specified period of she: time in order to remove 1. Commits the crime of personal belongings not in stalking in the third degree as issue in this proceeding or in defined in subdivision three of any other proceeding or action section 120.50 of this article under this act or the domestic and in the course of and in relations law; furtherance of the commission (e) to refrain from acts of of such offense: (i) displays, or commission or omission that possesses and threatens the create an unreasonable risk to use of, a firearm, pistol, the health, safety or welfare of revolver, rifle, shotgun, a child;

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS machine gun, electronic dart (f) to pay the reasonable gun, electronic stun gun, cane counsel fees and sword, billy, blackjack, disbursements involved in bludgeon, plastic knuckles, obtaining or enforcing the metal knuckles, chuka stick, order of the person who is sand bag, sandclub, slingshot, protected by such order if slungshot, shirken, “Kung Fu such order is issued or Star”, dagger, dangerous knife, enforced; dirk, razor, stiletto, imitation (g) to require the respondent pistol, dangerous instrument, to participate in a batterer's deadly instrument or deadly education program designed weapon; or (ii) displays what to help end violent behavior, appears to be a pistol, which may include referral to revolver, rifle, shotgun, drug and alcohol counselling, machine gun or other firearm; and to pay the costs thereof if or the person has the means to 2. Commits the crime of do so, provided however that stalking in the third degree in nothing contained herein shall violation of subdivision three be deemed to require of section 120.50 of this article payment of the costs of any against any person, and has such program by the previously been convicted, petitioner, the state or any within the preceding five political subdivision thereof; years, of a specified predicate (h) to provide, either directly crime as defined in subdivision or by means of medical and five of section 120.40 of this health insurance, for expenses article, and the victim of such incurred for medical care and specified predicate crime is treatment arising from the the victim, or an immediate incident or incidents forming family member of the victim, the basis for the issuance of of the present offense; or the order; 3. Commits the crime of (i) 1. to refrain from stalking in the fourth degree intentionally injuring or killing, and has previously been without justification, any convicted of stalking in the companion animal the third degree as defined in respondent knows to be subdivision four of section owned, possessed, leased, 120.50 of this article against kept or held by the petitioner any person; or

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS 4. Being twenty-one years of or a minor child residing in the age or older, repeatedly household. follows a person under the age 2. “Companion animal”, as of fourteen or engages in a used in this section, shall have course of conduct or the same meaning as in repeatedly commits acts over subdivision five of section a period of time intentionally three hundred fifty of the placing or attempting to place agriculture and markets law; such person who is under the (j) 1. to promptly return age of fourteen in reasonable specified identification fear of physical injury, serious documents to the protected physical injury or death; or party, in whose favor the 5. Commits the crime of order of protection or stalking in the third degree, as temporary order of protection defined in subdivision three of is issued; provided, however, section 120.50 of this article, that such order may: (A) against ten or more persons, include any appropriate in ten or more separate provision designed to ensure transactions, for which the that any such document is actor has not been previously available for use as evidence in convicted. this proceeding, and available N.Y. PENAL LAW § 120.55 if necessary for legitimate use (2015). by the party against whom such order is issued; and (B) A person is guilty of stalking in specify the manner in which the first degree when he or such return shall be she commits the crime of accomplished. stalking in the third degree as 2. For purposes of this defined in subdivision three of subdivision, “identification section 120.50 or stalking in document” shall mean any of the second degree as defined the following: (A) exclusively in in section 120.55 of this article the name of the protected and, in the course and party: birth certificate, furtherance thereof, he or she: passport, social security card, 1. intentionally or recklessly health insurance or other causes physical injury to the benefits card, a card or victim of such crime; or document used to access 2. commits a class A bank, credit or other financial misdemeanor defined in accounts or records, tax

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS article one hundred thirty of returns, any driver's license, this chapter, or a class E felony and immigration documents defined in section 130.25, including but not limited to a 130.40 or 130.85 of this United States permanent chapter, or a class D felony resident card and employment defined in section 130.30 or authorization document; and 130.45 of this chapter. (B) upon motion and after N.Y. PENAL LAW § 120.60 notice and an opportunity to (2015). be heard, any of the following, including those that may reflect joint use or ownership, that the court determines are necessary and are appropriately transferred to the protected party: any card or document used to access bank, credit or other financial accounts or records, tax returns, and any other identifying cards and documents; and (k) to observe such other conditions as are necessary to further the purposes of protection.

The court may also award custody of the child, during the term of the order of protection to either parent, or to an appropriate relative within the second degree. Nothing in this section gives the court power to place or board out any child or to commit a child to an institution or agency.

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS Notwithstanding the provisions of section eight hundred seventeen of this article, where a temporary order of child support has not already been issued, the court may in addition to the issuance of an order of protection pursuant to this section, issue an order for temporary child support in an amount sufficient to meet the needs of the child, without a showing of immediate or emergency need. The court shall make an order for temporary child support notwithstanding that information with respect to income and assets of the respondent may be unavailable. Where such information is available, the court may make an award for temporary child support pursuant to the formula set forth in subdivision one of section four hundred thirteen of this act. Temporary orders of support issued pursuant to this article shall be deemed to have been issued pursuant to section four hundred thirteen of this act.

Upon making an order for temporary child support pursuant to this subdivision, the court shall advise the

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS petitioner of the availability of child support enforcement services by the support collection unit of the local department of social services, to enforce the temporary order and to assist in securing continued child support, and shall set the support matter down for further proceedings in accordance with article four of this act.

Where the court determines that the respondent has employer-provided medical insurance, the court may further direct, as part of an order of temporary support under this subdivision, that a medical support execution be issued and served upon the respondent's employer as provided for in section fifty- two hundred forty-one of the civil practice law and rules.

In any proceeding in which an order of protection or temporary order of protection or a warrant has been issued under this section, the clerk of the court shall issue to the petitioner and respondent and his counsel and to any other person affected by the order a copy of the order of protection or temporary order of protection and ensure that

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS a copy of the order of protection or temporary order of protection be transmitted to the local correctional facility where the individual is or will be detained, the state or local correctional facility where the individual is or will be imprisoned, and the supervising probation department or the department of corrections and community supervision where the individual is under probation or parole supervision.

Notwithstanding the foregoing provisions, an order of protection, or temporary order of protection where applicable, may be entered against a former spouse and persons who have a child in common, regardless of whether such persons have been married or have lived together at any time, or against a member of the same family or household as defined in subdivision one of section eight hundred twelve of this article.

In addition to the foregoing provisions, the court may issue an order, pursuant to section two hundred twenty-seven-c of the real property law,

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS authorizing the party for whose benefit any order of protection has been issued to terminate a lease or rental agreement pursuant to section two hundred twenty-seven-c of the real property law.

The protected party in whose favor the order of protection or temporary order of protection is issued may not be held to violate an order issued in his or her favor nor may such protected party be arrested for violating such order. N.Y. FAM. CT. ACT § 842 (2015). NORTH CAROLINA Definition of Abuse Protection Order Protection Order Stalking

N.C. GEN. STAT. (6) Stalking.--On more than (a) An action is commenced (a) Upon a finding that the (d) Classification.--A violation § 50C-5 (2014) one occasion, following or under this Chapter by filing a victim has suffered unlawful of this section is a Class A1 otherwise harassing, as verified complaint for a civil conduct committed by the misdemeanor. A defendant defined in G.S. 14- no-contact order in district respondent, the court may convicted of a Class A1 Civil No Contact Order 277.3A(b)(2), another person court or by filing a motion in issue temporary or permanent misdemeanor under this without legal purpose with the any existing civil action, by any civil no-contact orders as section, who is sentenced to a intent to do any of the of the following: authorized in this Chapter. In community punishment, shall following: (1) A person who is a victim of determining whether or not to be placed on supervised a. Place the person in unlawful conduct that occurs issue a civil no-contact order, probation in addition to any reasonable fear either for the in this State. the court shall not require other punishment imposed by person's safety or the safety of (2) A competent adult who physical injury to the victim. the court. A defendant who the person's immediate family resides in this State on behalf (b) The court may grant one or commits the offense of or close personal associates. of a minor child or an more of the following forms of stalking after having been b. Cause that person to suffer incompetent adult who is a relief in its orders under this previously convicted of a substantial emotional distress victim of unlawful conduct Chapter: stalking offense is guilty of a by placing that person in fear that occurs in this State. (1) Order the respondent not Class F felony. A defendant of death, bodily injury, or N.C. GEN. STAT. § 50C-2 to visit, assault, molest, or who commits the offense of continued harassment and (2015). stalking when there is a court

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS that in fact causes that person otherwise interfere with the order in effect prohibiting the substantial emotional distress. victim. conduct described under this N.C. GEN. STAT. § 50C-1 (2) Order the respondent to section by the defendant (2014). cease stalking the victim, against the victim is guilty of a including at the victim's Class H felony. Stalking workplace. N.C. GEN. STAT. § 14-277.3A (c) Offense.--A defendant is (3) Order the respondent to (2014). guilty of stalking if the cease harassment of the defendant willfully on more victim. Contempt than one occasion harasses (4) Order the respondent not another person without legal to abuse or injure the victim. A knowing violation of an purpose or willfully engages in (5) Order the respondent not order entered pursuant to this a course of conduct directed to contact the victim by Chapter is punishable as at a specific person without telephone, written contempt of court. legal purpose and the communication, or electronic N.C. GEN. STAT. § 50C-10 defendant knows or should means. (2014). know that the harassment or (6) Order the respondent to *effective until September 30, the course of conduct would refrain from entering or 2015. cause a reasonable person to remaining present at the do any of the following: victim's residence, school, A knowing violation of an (1) Fear for the person's safety place of employment, or other order entered pursuant to this or the safety of the person's specified places at times when Chapter is punishable by civil immediate family or close the victim is present. or criminal contempt as personal associates. (7) Order other relief deemed provided in Chapter 5A of the (2) Suffer substantial necessary and appropriate by General Statutes. emotional distress by placing the court, including assessing N.C. GEN. STAT. § 50C-10 that person in fear of death, attorneys' fees to either party. (2015). bodily injury, or continued (c) A civil no-contact order *effective October 1, 2015. harassment. shall include the following N.C. GEN. STAT. § 14-277.3A notice, printed in conspicuous (2014). type: “A knowing violation of a civil no-contact order shall be punishable as contempt of court which may result in a fine or imprisonment.” N.C. GEN. STAT. § 50C-5 (2014).

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS NORTH DAKOTA Stalking* Protection Order Protection Order 6. a. A person who violates this section is guilty of a class N.D. CENT. CODE 1. As used in this section: 4. “Family or household 1. An action for a protection C felony if: 14-07.1-02 (2015) c. “Stalk” means : member” means a spouse, order commenced by a (1) The person previously has (1) To engage in an intentional family member, former verified application alleging been convicted of violating course of conduct directed at spouse, parent, child, persons the existence of domestic section 12.1–17–01, 12.1–17– Protection Order a specific person which related by blood or marriage, violence may be brought in 01.1, 12.1–17–02, 12.1–17–04, frightens, intimidates, or persons who are in a dating district court by any family or 12.1–17–05, or 12.1–17–07, or harasses that person and relationship, persons who are household member or by any a similar offense from another which serves no legitimate presently residing together or other person if the court court in North Dakota, a court purpose. The course of who have resided together in determines that the of record in the United States, conduct may be directed the past, persons who have a relationship between that or a tribal court, involving the toward that person or a child in common regardless of person and the alleged victim of the stalking; member of that person's whether they are or have been abusing person is sufficient to (2) The stalking violates a immediate family and must married or have lived together warrant the issuance of a court order issued under cause a reasonable person to at any time, and, for the domestic violence protection chapter 14–07.1 protecting experience fear, intimidation, purpose of the issuance of a order. An action may be the victim of the stalking, if or harassment; or domestic violence protection brought under this section, the person had notice of the (2) The unauthorized tracking order, any other person with a regardless of whether a court order; or of the person's movements or sufficient relationship to the petition for legal separation, (3) The person previously has location through the use of a abusing person as determined annulment, or divorce has been convicted of violating global positioning system or by the court under section 14- been filed. this section. other electronic means that 07.1-02. 4. Upon a showing of actual or b. If subdivision a does not would cause a reasonable N.D. CENT. CODE 14-07.1-01 imminent domestic violence, apply, a person who violates person to be frightened, (2015). the court may enter a this section is guilty of a class intimidated, or harassed and protection order after due A misdemeanor. which serves no legitimate notice and full hearing. The N.D. CENT. CODE 12.1-17-07.1 purpose. relief provided by the court (2015). N.D. CENT. CODE 12.1-17-07.1 may include any or all of the (2015). following: a. Restraining any party from threatening, molesting, injuring, harassing, or having contact with any other person. b. Excluding either the respondent or any person with whom the respondent lives from the dwelling they share, from the residence of another

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS person against whom the domestic violence is occurring, or from a domestic violence care facility, if this exclusion is necessary to the physical or mental well-being of the applicant or others. c. Awarding temporary custody or establishing temporary visitation rights with regard to minor children. d. Recommending or requiring that either or both parties undergo counseling with a domestic violence program or other agency that provides professional services that the court deems appropriate. The court may request a report from the designated agency within a time period established by the court. The costs of the court-ordered initial counseling assessment and subsequent reports must be borne by the parties or, if indigent, by the respondent's county of residence. e. Requiring a party to pay such support as may be necessary for the support of a party and any minor children of the parties and reasonable attorney's fees and costs. f. Awarding temporary use of personal property, including motor vehicles, to either party.

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS g. Requiring the respondent to surrender for safekeeping any firearm or other specified dangerous weapon, as defined in section 12.1-01-04, in the respondent's immediate possession or control or subject to the respondent's immediate control, if the court has probable cause to believe that the respondent is likely to use, display, or threaten to use the firearm or other dangerous weapon in any further acts of violence. If so ordered, the respondent shall surrender the firearm or other dangerous weapon to the sheriff, or the sheriff's designee, of the county in which the respondent resides or to the chief of police, or the chief's designee, of the city in which the respondent resides. N.D. CENT. CODE 14-07.1-02 (2015).

When an order is issued under section 14-07.1-02 or 14-07.1- 03, the order must include or have attached to it a copy of section 12.1-17-07.1. N.D. CENT. CODE 14-07.1-03.1 (2015). OHIO Stalking Protection Order Protection Order ((B) Whoever violates this section is guilty of menacing OHIO REV. CODE ANN. § (A)(1) No person by engaging (C) A person may seek relief (A)(1) Upon the filing of a by stalking. 2903.214 (2015) in a pattern of conduct shall under this section for the complaint that alleges a (1) Except as otherwise knowingly cause another person, or any parent or adult violation of section 2909.06, provided in divisions (B)(2) and 146

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS Civil Stalking and Sexually person to believe that the household member may seek 2909.07, 2911.12, or 2911.211 (3) of this section, menacing Oriented Offense offender will cause physical relief under this section on of the Revised Code if the by stalking is a misdemeanor Protection Order harm to the other person or behalf of any other family or alleged victim of the violation of the first degree. cause mental distress to the household member, by filing a was a family or household OHIO REV. CODE ANN. § other person. In addition to petition with the court… member at the time of the 2903.211 (2015). any other basis for the other OHIO REV. CODE ANN. § violation, a violation of a person's belief that the 2903.214 (2015). municipal ordinance that is (H) Upon a violation of a offender will cause physical substantially similar to any of protection order issued harm to the other person or those sections if the alleged pursuant to this section, the the other person's mental victim of the violation was a court may issue another distress, the other person's family or household member protection order under this belief or mental distress may at the time of the violation, section, as a pretrial condition be based on words or conduct any offense of violence if the of release, that modifies the of the offender that are alleged victim of the offense terms of the order that was directed at or identify a was a family or household violated. corporation, association, or member at the time of the OHIO REV. CODE ANN. § other organization that commission of the offense, or 2903.213 (2015). employs the other person or any sexually oriented offense to which the other person if the alleged victim of the belongs. offense was a family or (2) No person, through the use household member at the of any electronic method of time of the commission of the remotely transferring offense, the complainant, the information, including, but not alleged victim, or a family or limited to, any computer, household member of an computer network, computer alleged victim may file, or, if in program, or computer system, an emergency the alleged shall post a message with victim is unable to file, a purpose to urge or incite person who made an arrest for another to commit a violation the alleged violation or of division (A)(1) of this offense under section 2935.03 section. of the Revised Code may file (3) No person, with a sexual on behalf of the alleged victim, motivation, shall violate a motion that requests the division (A)(1) or (2) of this issuance of a temporary section. protection order as a pretrial (B) Whoever violates this condition of release of the section is guilty of menacing alleged offender, in addition by stalking. to any bail set under Criminal

147

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS OHIO REV. CODE ANN. § Rule 46. The motion shall be 2903.211 (2015) filed with the clerk of the court that has jurisdiction of the case at any time after the filing of the complaint. OHIO REV. CODE ANN. § 2919.26 (2015). OKLAHOMA 2. “Stalking” means the willful, Protective Order Protective Order A. Any person who willfully, malicious, and repeated maliciously, and repeatedly OKLA. STAT. ANN. tit. 22, following or harassment of a A. A victim of domestic abuse, A. If a plaintiff requests an follows or harasses another §60.1 (2014) person by an adult, a victim of stalking, a victim of emergency ex parte order person in a manner that: emancipated minor, or minor harassment, a victim of rape, pursuant to Section 60.2 of 1. Would cause a reasonable thirteen (13) years of age or any adult or emancipated this title, the court shall hold person or a member of the Protective Order older, in a manner that would minor household member on an ex parte hearing on the immediate family of that cause a reasonable person to behalf of any other family or same day the petition is filed, person as defined in feel frightened, intimidated, household member who is a if the court finds sufficient subsection F of this section to threatened, harassed, or minor or incompetent, or any grounds within the scope of feel frightened, intimidated, molested and actually causes minor age sixteen (16) or the Protection from Domestic threatened, harassed, or the person being followed or seventeen (17) years may seek Abuse Act stated in the molested; and harassed to feel terrorized, relief under the provisions of petition to hold such a 2. Actually causes the person frightened, intimidated, the Protection from Domestic hearing. The court may, for being followed or harassed to threatened, harassed or Abuse Act. good cause shown at the feel terrorized, frightened, molested. Stalking also means 1. The person seeking relief hearing, issue any emergency intimidated, threatened, a course of conduct composed may file a petition for a ex parte order that it finds harassed, or molested, shall, of a series of two or more protective order with the necessary to protect the victim upon conviction, be guilty of separate acts over a period of district court in the county in from immediate and present the crime of stalking, which is time, however short, which the victim resides, the danger of domestic abuse, a misdemeanor punishable by evidencing a continuity of county in which the defendant stalking, or harassment. The imprisonment in a county jail purpose or unconsented resides, or the county in which emergency ex parte order for not more than one (1) contact with a person that is the domestic violence shall be in effect until after the year, or by a fine of not more initiated or continued without occurred. If the person seeking full hearing is conducted. than One Thousand Dollars the consent of the individual relief is a victim of stalking but Provided, if the defendant, ($1,000.00), or by both such or in disregard of the is not a family or household after having been served, does fine and imprisonment. expressed desire of the member or an individual who not appear at the hearing, the B. Any person who violates the individual that the contact be is or has been in a dating emergency ex parte order provisions of subsection A of avoided or discontinued. relationship with the shall remain in effect until the this section when: Unconsented contact or defendant, the person seeking defendant is served with the 1. There is a permanent or course of conduct includes, relief must file a complaint permanent order. If the terms temporary restraining order, a but is not limited to: against the defendant with the of the permanent order are protective order, an

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS a. following or appearing proper law enforcement the same as those in the emergency ex parte protective within the sight of that agency before filing a petition emergency order, or are less order, or an injunction in individual, for a protective order with the restrictive, then it is not effect prohibiting the behavior b. approaching or confronting district court. The person necessary to serve the described in subsection A of that individual in a public seeking relief shall provide a defendant with the permanent this section against the same place or on private property, copy of the complaint that was order. party, when the person c. appearing at the workplace filed with the law enforcement The Administrative Office of violating the provisions of or residence of that individual, agency at the full hearing if the Courts shall develop a subsection A of this section d. entering onto or remaining the complaint is not available standard form for emergency has actual notice of the on property owned, leased, or from the law enforcement ex parte protective orders. issuance of such order or occupied by that individual, agency. Failure to provide a OKLA. STAT. ANN. tit. 22, § injunction; e. contacting that individual by copy of the complaint filed 60.3 (2014). 2. Said person is on probation telephone, with the law enforcement or parole, a condition of which f. sending mail or electronic agency shall constitute a C.1. At the hearing, the court prohibits the behavior communications to that frivolous filing and the court may impose any terms and described in subsection A of individual, or may assess attorney fees and conditions in the protective this section against the same g. placing an object on, or court costs against the plaintiff order that the court party or under the conditions delivering an object to, pursuant to paragraph 2 of reasonably believes are of a community or alternative property owned, leased or subsection C of this section. necessary to bring about the punishment; or occupied by that individual; The filing of a petition for a cessation of domestic abuse 3. Said person, within ten (10) OKLA. STAT. ANN. tit. 22, § protective order shall not against the victim or stalking years preceding the violation 60.1 (2014). require jurisdiction or venue or harassment of the victim or of subsection A of this section, of the criminal offense if the immediate family of the completed the execution of A. Any person who willfully, either the plaintiff or victim but shall not impose sentence for a conviction of a maliciously, and repeatedly defendant resides in the any term and condition that crime involving the use or follows or harasses another county…. may compromise the safety of threat of violence against the person in a manner that: OKLA. STAT. ANN. tit. 22, § the victim including, but not same party, or against any 1. Would cause a reasonable 60.2 (2014). limited to, mediation, couples member of the immediate person or a member of the counseling, family counseling, family of such party, shall, immediate family of that parenting classes or joint upon conviction, be guilty of a person as defined in victim-offender counseling felony punishable by subsection F of this section to sessions. The court may order imprisonment in the custody feel frightened, intimidated, the defendant to obtain of the Department of threatened, harassed, or domestic abuse counseling or Corrections for a term not molested; and treatment in a program exceeding five (5) years, or by 2. Actually causes the person certified by the Attorney a fine of not more than Two being followed or harassed to General at the expense of the Thousand Five Hundred feel terrorized, frightened, defendant pursuant to Section Dollars ($2,500.00), or by both such fine and imprisonment.

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS intimidated, threatened, 644 of Title 21 of the C. Any person who : harassed, or molested, Oklahoma Statutes. 1. Commits a second act of shall, upon conviction, be stalking within ten (10) years guilty of the crime of stalking, E.1. After notice and hearing, of the completion of sentence which is a misdemeanor protective orders authorized for a prior conviction of punishable by imprisonment in by this section may require the stalking; or a county jail for not more than defendant to undergo 2. Has a prior conviction of one (1) year, or by a fine of treatment or participate in the stalking and, after being not more than One Thousand court-approved counseling served with a protective order Dollars ($1,000.00), or by both services necessary to bring that prohibits contact with an such fine and imprisonment. about cessation of domestic individual, knowingly makes OKLA. STAT. ANN. tit. 21, § abuse against the victim unconsented contact with the 1173 (2014). pursuant to Section 644 of same individual, Title 21 of the Oklahoma shall, upon conviction , be Statutes but shall not order guilty of a felony punishable any treatment or counseling by imprisonment in the that may compromise the custody of the Department of safety of the victim including, Corrections for a term not but not limited to, mediation, exceeding five (5) years, or by couples counseling, family a fine of not less than Two counseling, parenting classes Thousand Five Hundred or joint victim-offender Dollars ($2,500.00), or by both counseling sessions. such fine and imprisonment. OKLA. STAT. ANN. tit. 22, § . Any person who commits an 60.4 (2014). act of stalking within ten (10) years of the completion of execution of sentence for a prior conviction under subsection B or C of this section shall, upon conviction , be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not exceeding ten (10) years, or by a fine of not less than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS E. Evidence that the defendant continued to engage in a course of conduct involving repeated unconsented contact, as defined in subsection F of this section, with the victim after having been requested by the victim to discontinue the same or any other form of unconsented contact, and to refrain from any further unconsented contact with the victim, shall give rise to a rebuttable presumption that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested. OKLA. STAT. ANN. tit. 21, § 1173 (2014). OREGON Stalking Protection Order Protection Order (2)(a) Stalking is a Class A misdemeanor. OR. REV. STAT. ANN. (1) A person commits the (2)(a) The hearing shall be held (1) A person may bring a civil (b) Notwithstanding paragraph §163.738 (2015) crime of stalking if: as indicated in the citation. At action in a circuit court for a (a) of this subsection, stalking (a) The person knowingly the hearing, the petitioner court's stalking protective is a Class C felony if the person alarms or coerces another may appear in person or by order or for damages, or both, has a prior conviction for: Stalking Protection Order person or a member of that telephonic appearance. The against a person if: (A) Stalking; or person's immediate family or respondent shall be given the (a) The person intentionally, (B) Violating a court's stalking household by engaging in opportunity to show cause knowingly or recklessly protective order. repeated and unwanted why a court's stalking engages in repeated and (c) When stalking is a Class C contact with the other person; protective order should not be unwanted contact with the felony pursuant to paragraph (b) It is objectively reasonable entered. The hearing may be other person or a member of (b) of this subsection, stalking for a person in the victim's continued for up to 30 days. that person's immediate shall be classified as a person situation to have been The court may enter: family or household thereby felony and as crime category 8 alarmed or coerced by the (A) A temporary stalking alarming or coercing the other of the sentencing guidelines contact; and protective order pending person; grid of the Oregon Criminal further proceedings; or Justice Commission.

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (c) The repeated and (B) A court's stalking (b) It is objectively reasonable OR. REV. STAT. ANN. § unwanted contact causes the protective order if the court for a person in the victim's 163.732 (2015). victim reasonable finds by a preponderance of situation to have been apprehension regarding the the evidence that: alarmed or coerced by the (2)(a) Violating a court's personal safety of the victim (i) The person intentionally, contact; and stalking protective order is a or a member of the victim's knowingly or recklessly (c) The repeated and Class A misdemeanor. immediate family or engages in repeated and unwanted contact causes the (b) Notwithstanding paragraph household. unwanted contact with the victim reasonable (a) of this subsection, violating OR. REV. STAT. ANN. § other person or a member of apprehension regarding the a court's stalking protective 163.732 (2015). that person's immediate personal safety of the victim order is a Class C felony if the family or household thereby or a member of the victim's person has a prior conviction alarming or coercing the other immediate family or for: person; household. (A) Stalking; or (ii) It is objectively reasonable OR. REV. STAT. ANN. § 30.866 (B) Violating a court's stalking for a person in the victim's (2015). protective order. situation to have been (c) When violating a court's alarmed or coerced by the stalking protective order is a contact; and Class C felony pursuant to (iii) The repeated and paragraph (b) of this unwanted contact causes the subsection, violating a court's victim reasonable stalking protective order shall apprehension regarding the be classified as a person felony personal safety of the victim and as crime category 8 of the or a member of the victim's sentencing guidelines grid of immediate family or the Oregon Criminal Justice household. Commission. OR. REV. STAT. ANN. § OR. REV. STAT. ANN. § 163.738 (2015). 163.750 (2015). PENNSYLVANIA Stalking Protection Order Protection Order (c) Grading.-- (1) Except as otherwise 23 PA. CONS. STAT. (a) Offense defined.--A person There is no relationship (a) General rule.--The court provided for in paragraph (2), §6108 (2014) commits the crime of stalking requirement that pertains to may grant any protection a first offense under this when the person either: stalking. order or approve any consent section shall constitute a (1) engages in a course of 23 PA. CONS. STAT. §§ 6102, agreement to bring about a misdemeanor of the first Protection from conduct or repeatedly 6108 (2014). cessation of abuse of the degree. Abuse Order commits acts toward another plaintiff or minor children. The (2) A second or subsequent person, including following the order or agreement may offense under this section or a person without proper include: first offense under subsection authority, under (a) if the person has been

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS circumstances which (9) Directing the defendant to previously convicted of a demonstrate either an intent refrain from stalking or crime of violence involving the to place such other person in harassing the plaintiff and same victim, family or reasonable fear of bodily other designated persons as household member, including, injury or to cause substantial defined in 18 Pa.C.S. §§ 2709 but not limited to, a violation emotional distress to such (relating to harassment) and of section 2701 (relating to other person; or 2709.1 (relating to stalking). simple assault), 2702 (relating (2) engages in a course of 23 PA. CONS. STAT. § 6108 to aggravated assault), 2705 conduct or repeatedly (2014). (relating to recklessly communicates to another endangering another person), person under circumstances Any court with jurisdiction 2901 (relating to kidnapping), which demonstrate or over any criminal matter may, 3121 (relating to rape) or 3123 communicate either an intent after a hearing and in its (relating to involuntary to place such other person in discretion, upon substantial deviate sexual intercourse), an reasonable fear of bodily evidence, which may include order issued under section injury or to cause substantial hearsay or the declaration of 4954 (relating to protective emotional distress to such the prosecutor that a witness orders) or an order issued other person. or victim has been intimidated under 23 Pa.C.S. § 6108 18 PA. CONS. STAT. § 2709.1 or is reasonably likely to be (relating to relief) shall (2014). intimidated, issue protective constitute a felony of the third orders, including, but not degree. limited to, the following: 18 PA. CONS. STAT. § 2709.1 (1) An order that a defendant (2014). not violate any provision of this subchapter or section 2709 (relating to harassment ) or 2709.1 ( relating to stalking). 18 PA. CONS. STAT. § 4954 (2014). RHODE ISLAND Definition of Abuse Protection Order Protection Order Stalking

R.I. GEN. LAWS (2) “Domestic abuse” means (2) “Domestic abuse” means (a) A person suffering from (b) Stalking shall be deemed a §15-15-1 (2015) the occurrence of one or more the occurrence of one or more domestic abuse may file a felony punishable by of the following acts between of the following acts between complaint in the family court imprisonment for not more present or former family present or former family requesting any order which than five (5) years, by a fine of Civil Protection Order members, parents, members, parents, will protect and support her or not more than ten thousand stepparents, or persons who stepparents, or persons who him from abuse including, but dollars ($10,000), or both. are or have been in a are or have been in a not limited, to the following:

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS substantive dating or substantive dating or (1) Ordering that the R.I. GEN. LAWS § 11-59-2 engagement relationship engagement relationship defendant be restrained and (2015). within the past one year in within the past one year in enjoined from contacting, which at least one of the which at least one of the assaulting, molesting, or Cyberstalking persons is a minor: persons is a minor: interfering with the plaintiff at (i) Attempting to cause or (iv) Stalking or cyberstalking. home, on the street, or (a) Whoever transmits any causing physical harm; R.I. GEN. LAWS § 15-15-1 elsewhere, whether the communication by computer (ii) Placing another in fear of (2015). defendant is an adult or a or other electronic device to imminent serious physical minor; any person or causes any harm; or (2) Ordering the defendant to person to be contacted for the (iii) Causing another to engage vacate the household sole purpose of harassing that involuntarily in sexual immediately; person or his or her family is relations by force, threat of (3) Awarding the plaintiff guilty of a misdemeanor, and force, or duress. custody of the minor children shall be punished by a fine of (iv) Stalking or cyberstalking. of the parties, if any; not more than five hundred (6) “Stalking” means harassing (4) After notice to the dollars ($500), by another person or willfully, respondent and a hearing, imprisonment for not more maliciously and repeatedly ordering either party to make than one year, or both. For the following another person with payments for the support of a purpose of this section, the intent to place that person minor child or children of the “harassing” means any in reasonable fear of bodily parties as required by law for a knowing and willful course of injury; period not to exceed ninety conduct directed at a specific (7) “Cyberstalking” means (90) days, unless the child person which seriously alarms, transmitting any support order is for a child or annoys, or bothers the person, communication by computer children receiving public and which serves no legitimate to any person or causing any assistance pursuant to chapter purpose. The course of person to be contacted for the 5.1 of title 40. In these cases, conduct must be of a kind that sole purpose of harassing that legal counsel for the division would cause a reasonable person or his or her family; of taxation, child support person to suffer substantial R.I. GEN. LAWS § 15-15-1 enforcement, shall be notified emotional distress, or be in (2015). as a party in interest to appear fear of bodily injury. “Course for the purpose of establishing of conduct” means a pattern a child support order under a of conduct composed of a new or existing docket series of acts over a period of number previously assigned to time, evidencing a continuity the parties and not under the of purpose. Constitutionally protective docket number. The protected activity is not child support order shall included within the meaning remain in effect until the court of “course of conduct”.

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS modifies or suspends the (b) A second or subsequent order. conviction under subsection (5) After notice to the (a) of this section shall be respondent and a hearing, the deemed a felony punishable court in addition to any other by imprisonment for not more restrictions, may order the than two (2) years, by a fine of defendant to surrender not more than six thousand physical possession of all dollars ($6,000), or both. firearms in his or her R.I. GEN. LAWS § 11-52-4.2 possession, care, custody or (2015). control. R.I. GEN. LAWS § 15-15-3 Civil Liability (2015). (a) Whenever there is a Civil Liability restraining order or injunction issued by a court of Any person who suffers harm competent jurisdiction pursuant to chapter 59 of title enjoining one person from 11 may recover his or her harassing another person, and damages in a civil action the person so enjoined is against the offender. convicted of the crime as set R.I. GEN. LAWS § 9-1-2.1 forth in section 11-52-4.2 for (2015). actions against the person protected by the court order or injunction, he or she shall be guilty of a felony which shall be punishable by imprisonment for not more than two (2) years, or by a fine of not more than six thousand dollars ($6,000), or both. (b) A second or subsequent conviction under subsection (a) of this section shall be punishable by imprisonment for not more than five (5) years, by a fine of not more than ten thousand dollars ($10,000), or both.

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS R.I. GEN. LAWS § 11-52-4.3 (2015). SOUTH CAROLINA Criminal Code Restraining Order Against Restraining Order Against (A) A person who engages in Stalking Staking and Harassment Stalking and Harassment stalking is guilty of a felony S.C. CODE ANN. and, upon conviction, must be § 16-3-1750 (2014) (C) “Stalking” means a pattern (C) A complaint and motion for (A) Pursuant to this article, the fined not more than five of words, whether verbal, a restraining order may be magistrates court has thousand dollars, imprisoned written, or electronic, or a filed by any person… jurisdiction over an action not more than five years, or Restraining Order Against pattern of conduct that serves S.C. CODE ANN. § 16-3-1750 seeking a restraining order both. Stalking and Harassment no legitimate purpose and is (2014). against a person engaged in (B) A person who engages in intended to cause and does harassment in the first or stalking when an injunction or cause a targeted person and second degree or stalking. restraining order, including a would cause a reasonable S.C. CODE ANN. § 16-3-1750 restraining order issued by the person in the targeted (2014). family court, is in effect person's position to fear: prohibiting this conduct is (1) death of the person or a (A) Within twenty-four hours guilty of a felony and, upon member of his family; after the filing of a complaint conviction, must be fined not (2) assault upon the person or and motion seeking a more than seven thousand a member of his family; restraining order pursuant to dollars, imprisoned not more (3) bodily injury to the person Section 16-3-1750, the court, than ten years, or both. or a member of his family; for good cause shown, may (C) A person who engages in (4) criminal sexual contact on hold an emergency hearing stalking and who has a prior the person or a member of his and, if the plaintiff proves his conviction of harassment or family; allegation by a preponderance stalking within the preceding (5) kidnapping of the person of the evidence, may issue a ten years is guilty of a felony or a member of his family; or temporary restraining order and, upon conviction, must be (6) damage to the property of without giving the defendant fined not more than ten the person or a member of his notice of the motion for the thousand dollars, imprisoned family. order. A prima facie showing not more than fifteen years, or S.C. CODE ANN. § 16-3-1700 of present danger of bodily both. (2014). injury, verified by supporting (D) In addition to the penalties affidavits, constitutes good provided in this section, a cause. person convicted of stalking S.C. CODE ANN. § 16-3-1760 who received licensing or (2014). registration information pursuant to Article 4, Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS pursuant to this section must be fined one thousand dollars or imprisoned one year, or both. S.C. CODE ANN. § 16-3-1730 (2014). SOUTH DAKOTA Definition of Domestic Domestic Violence Protection Domestic Violence Protection …Stalking is a Class 1 Violence Order Order misdemeanor. However, any second or subsequent S.D. CODIFIED LAWS Terms used in this chapter There exists an action known Upon notice and a hearing, if conviction occurring within § 25-10-5 (2014) mean: as a petition for a protection the court finds by a ten years of a prior conviction order in cases of domestic preponderance of the under this section is a Class 6

(1) “Domestic abuse,” physical abuse. Procedures for the evidence that domestic abuse felony. Domestic Violence harm, bodily injury, or action are as follows: has taken place, the court may S.D. CODIFIED LAWS § 22-19A- Protection Order attempts to cause physical (1) A petition under this provide relief as follows: 1 (2014) harm or bodily injury, or the section may be made by any (1) Restrain any party from S.D. CODIFIED LAWS infliction of fear of imminent person in a relationship committing acts of domestic Any person who violates § 22- § 22-19A-8 (2014) physical harm or bodily injury described in § 25-10-3.1 abuse; 19A-1 when there is a when occurring between against any other person in (2) Exclude the abusing party temporary restraining order, Protection Order for persons in a relationship such a relationship; from the dwelling which the or an injunction, or a Stalking Non Family described in § 25-10-3.1. Any (2) A petition shall allege the parties share or from the protection order, or a no Member violation of § 25-10-13 or existence of domestic abuse residence of the petitioner; contact order issued pursuant chapter 22-19A or any crime and shall be accompanied by (3) Award temporary custody to § 25-10-23 or 25-10-25 in of violence as defined in an affidavit made under oath or establish temporary effect prohibiting the behavior subdivision 22-1-2(9) stating the specific facts and visitation with regards to described in § 22-19A-1 constitutes domestic abuse if circumstances of the domestic minor children of the parties; against the same party, is the underlying criminal act is abuse; and (4) Establish temporary guilty of a Class 6 felony. committed between persons (3) A petition for relief may be support for minor children of S.D. CODIFIED LAWS § 22-19A- in such a relationship; made whether or not there is the parties or a spouse; 2 (2014). S.D. CODIFIED LAWS § 25-10-1 a pending lawsuit, complaint, (5) Order that the abusing (2014). petition, or other action party obtain counseling; Any person who willfully, between the parties. However, (6) Order other relief as the maliciously, and repeatedly Criminal Code if there is any other lawsuit, court deems necessary for the follows or harasses a child Stalking complaint, petition, or other protection of the person to twelve years of age or younger action pending between the whom relief is being granted, or who makes a credible No person may: parties, any new petition including orders or directives threat to a child twelve years (1) Willfully, maliciously, and made pursuant to this section to a sheriff or constable. of age or younger with the repeatedly follow or harass shall be made to the judge intent to place that child in another person; previously assigned to the reasonable fear of death or

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (2) Make a credible threat to pending lawsuit, petition, or Any relief granted by the order great bodily injury or with the another person with the intent other action, unless good for protection shall be for a intent to cause the child to to place that person in cause is shown for the fixed period and may not reasonably fear for the child's reasonable fear of death or assignment of a different exceed five years. safety is guilty of the crime of great bodily injury; or judge. felony stalking. Felonious (3) Willfully, maliciously, and If any minor child resides with stalking is a Class 6 felony. repeatedly harass another The clerk of the circuit court either party, the court shall S.D. CODIFIED LAWS § 22-19A- person by means of any shall make available standard order that the restrained 7 (2014). verbal, electronic, digital petition forms with person receive instruction on media, mechanical, instructions for completion to parenting approved or If a temporary protection telegraphic, or written be used by a petitioner. provided by the Department order or a protection order is communication. S.D. CODIFIED LAWS § 25-10-3 of Social Services as part of granted pursuant to §§ 22- S.D. CODIFIED LAWS § 22-19A- (2014). any relief granted. 19A-8 to 22-19A-16, inclusive, 1 (2014). S.D. CODIFIED LAWS § 25-10-5 and the respondent or person Protection Order for Stalking (2014). to be restrained knows of the Felony Stalking Non Family Member order, violation of the order is Protection Order for Stalking a Class 1 misdemeanor. If any Any person who willfully, There exists an action known Non Family Member violation of this section maliciously, and repeatedly as a petition for a protection constitutes an assault follows or harasses a child order in cases of stalking, in Upon notice and a hearing, if pursuant to § 22-18-1.1, the twelve years of age or younger cases of physical injury as a the court finds by a violation is a Class 6 felony. If a or who makes a credible result of an assault, or in cases preponderance of the respondent or person to be threat to a child twelve years of a crime of violence as evidence that stalking has restrained has been convicted of age or younger with the defined in subdivision 22-1- taken place, the court may of, or entered a plea of guilty intent to place that child in 2(9). Procedures for the action provide relief as follows: to, two or more violations of reasonable fear of death or are as follows: (1) Restrain any party from this section or § 25-10-13, the great bodily injury or with the (1) A petition under this committing acts of stalking or factual basis for which intent to cause the child to section may be made against physical injury as a result of an occurred after the date of the reasonably fear for the child's any person who violates § 22- assault or a crime of violence second conviction, and safety is guilty of the crime of 19A-1 or against any other as defined in subdivision 22-1- occurred within ten years of felony stalking. Felonious person against whom stalking 2(9); committing the current stalking is a Class 6 felony. or physical injury as a result of (2) Order other relief as the offense, the respondent or S.D. CODIFIED LAWS § 22-19A- an assault or in cases where a court deems necessary for the person to be restrained is 7 (2014). crime of violence is alleged; protection of the person guilty of a Class 6 felony for (2) A petition shall allege the seeking the protection order, any third or subsequent existence of (a) stalking or (b) including orders or directives offense. Any proceeding under physical injury as a result of an to law enforcement officials. §§ 22-19A-8 to 22-19A-16, assault or (c) a crime of inclusive, is in addition to violence, and shall be

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS accompanied by an affidavit Any relief granted by the order other civil or criminal made under oath stating the for protection shall be for a remedies. specific facts and fixed period and may not S.D. CODIFIED LAWS § 22-19A- circumstances of the stalking exceed five years. 16 (2014). or the physical injury as a S.D. CODIFIED LAWS § 22-19A- result of an assault or crime of 11 (2014). violence; (3) A petition for relief may be While in custody after arrest made whether or not there is for assault or stalking, no a pending lawsuit, complaint, defendant may have or be petition, or other action permitted any contact or between the parties. communications, either directly or by means of a third The clerk of the circuit court party, with the victim or the shall make available standard family or household members petition forms with of the victim, until the instructions for completion to defendant's initial court be used by a petitioner. The appearance or until such attorney general shall prepare contact or communication is the standard petition form. specifically authorized by the S.D. CODIFIED LAWS § 22-19A- court. Willful violation of this 8 (2014). section is a Class 1 misdemeanor. S.D. CODIFIED LAWS § 22-19A- 17 (2014). TENNESSEE Definition of Abuse Protection Order Protection Order (b) (2) Stalking is a Class A misdemeanor. TENN. CODE ANN. (11) “Stalking victim” means (h) Any person who (a) A protection order granted TENN. CODE ANN.§ 39-17-315 §36-3-601 (2014) any person, regardless of the reasonably believes they are a under this part to protect the (2014). relationship with the victim of an offense under this petitioner from domestic perpetrator, who has been section, regardless of whether abuse, stalking or sexual (3) Stalking is a Class E felony if Protection Order subjected to, threatened with, the alleged perpetrator has assault may include, but is not the defendant, at the time of or placed in fear of the offense been arrested, charged or limited to: the offense, was required to of stalking, as defined in § 39- convicted of a stalking-related (1) Directing the respondent or was registered with the 17-315; and offense, shall be entitled to to refrain from committing Tennessee bureau of TENN. CODE ANN. § 36-3-601 seek and obtain an order of domestic abuse, stalking or investigation as a sexual (2014). protection in the same sexual assault or threatening offender, violent sexual manner, and under the same to commit domestic abuse, offender or violent juvenile Criminal Code circumstances, as is provided stalking or sexual assault

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS Stalking for victims of domestic abuse against the petitioner or the sexual offender, as defined in by title 36, chapter 3, part 6. petitioner's minor children; § 40-39-202. (a) As used in this section, TENN. CODE ANN. § 39-17-315 (2) Prohibiting the respondent TENN. CODE ANN.§ 39-17-315 unless the context otherwise (2014). from coming about the (2014). requires: petitioner for any purpose, (4) “Stalking” means a willful (a) Any domestic abuse victim, from telephoning, contacting, Aggravated stalking is a Class E course of conduct involving stalking victim or sexual or otherwise communicating felony. repeated or continuing assault victim who has been with the petitioner, directly or TENN. CODE ANN.§ 39-17-315 harassment of another subjected to, threatened with, indirectly; (2014). individual that would cause a or placed in fear of, domestic (3) Prohibiting the respondent reasonable person to feel abuse, stalking, or sexual from stalking the petitioner, as Especially aggravated stalking terrorized, frightened, assault, may seek relief under defined in § 39-17-315; is a Class C felony. intimidated, threatened, this part by filing a sworn TENN. CODE ANN. § 36-3-606 TENN. CODE ANN.§ 39-17-315 harassed, or molested, and petition alleging domestic (2014). (2014). that actually causes the victim abuse, stalking, or sexual to feel terrorized, frightened, assault by the respondent. Contempt intimidated, threatened, TENN. CODE ANN. § 36-3-602 harassed, or molested; (2014). (a) Upon violation of the order (b)(1) A person commits an of protection or a court- offense who intentionally approved consent agreement, engages in stalking. the court may hold the (c)(1) A person commits defendant in civil or criminal aggravated stalking who contempt and punish the commits the offense of defendant in accordance with stalking as prohibited by the law. A judge of the general subsection (b), and: sessions court shall have the (A) In the course and same power as a court of furtherance of stalking, record to punish the displays a deadly weapon; defendant for contempt when (B) The victim of the offense exercising jurisdiction was less than eighteen (18) pursuant to this part or when years of age at any time during exercising concurrent the person's course of jurisdiction with a court of conduct, and the person is five record. A judge of the general (5) or more years older than sessions court who is not a the victim; licensed attorney shall appoint (C) Has previously been an attorney referee to hear convicted of stalking within charges of criminal contempt.

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS seven (7) years of the instant (b)(1) In addition to the offense; authorized punishments for (D) Makes a credible threat to contempt of court, the judge the victim, the victim's child, may assess any person who sibling, spouse, parent or violates an order of protection dependents with the intent to or a court-approved consent place any such person in agreement a civil penalty of reasonable fear of death or fifty dollars ($50.00). The bodily injury; or judge may further order that (E) At the time of the offense, any support payment made was prohibited from making pursuant to an order of contact with the victim under protection or a court- a restraining order or approved consent agreement injunction for protection, an be made under an income order of protection, or any assignment to the clerk of other court-imposed court. prohibition of conduct toward (2) The judge upon finding a the victim or the victim's violation of an order of property, and the person protection or a court- knowingly violates the approved consent order shall injunction, order or court- require a bond of the imposed prohibition. respondent until such time as (d)(1) A person commits the order of protection especially aggravated stalking expires. Such bond shall not who: be less than two thousand five (A) Commits the offense of hundred dollars ($2,500) and stalking or aggravated stalking, shall be payable upon forfeit and has previously been as provided. Bond shall be set convicted of stalking or at whatever the court aggravated stalking involving determines is necessary to the same victim of the instant reasonably assure the safety offense; or of the petitioner as required. (B) Commits the offense of Any respondent for whom aggravated stalking, and bond has been set may intentionally or recklessly deposit with the clerk of the causes serious bodily injury to court before which the the victim of the offense or to proceeding is pending a sum the victim's child, sibling, of money in cash equal to the spouse, parent or dependent. amount of the bond. The clerk

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS TENN. CODE ANN. § 39-17-315 of the court may deposit funds (2014). received in lieu of bonds, or any funds received from the forfeiture of bonds, in an interest bearing account. Any interest received from such accounts shall be payable to the office of the clerk. Failure to comply with this subsection (b) may be punished by the court as a contempt of court as provided in title 29, chapter 9. (3) If a respondent posting bond under this subsection (b) does not comply with the conditions of the bond, the court having jurisdiction shall enter an order declaring the bond to be forfeited. Notice of the order of forfeiture shall be mailed forthwith by the clerk to the respondent at the respondent's last known address. If the respondent does not within thirty (30) days from the date of the forfeiture satisfy the court that compliance with the conditions of the bond was met, the court shall enter judgment for the state against the defendant for the amount of the bond and costs of the court proceedings. The judgment and costs may be enforced and collected in the same manner as a judgment entered in a civil action.

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (4) Nothing in this section shall be construed to limit or affect any remedy in effect on July 1, 2010. (c) Upon collecting the civil penalty imposed by subsection (b), the clerk shall, on a monthly basis, send the money to the state treasurer who shall deposit it in the domestic violence community education fund created by § 36-3-616. TENN. CODE ANN. § 36-3-610 (2014). TEXAS Stalking Protective Order for Sexual Protective Order for Sexual Stalking Assault or Stalking Assault or Stalking TEX. CODE CRIM. PROC. (a) A person commits an (b) An offense under this ANN. art. 7A.05 (2014) offense if the person, on more (a) The following persons may (a) In a protective order issued section is a felony of the third than one occasion and file an application for a under this chapter, the court degree, except that the pursuant to the same scheme protective order under this may: offense is a felony of the Protective Order for Victim or course of conduct that is chapter without regard to the (1) order the alleged offender second degree if the actor has of Sexual Assault or directed specifically at another relationship between the to take action as specified by previously been convicted of Stalking person, knowingly engages in applicant and the alleged the court that the court an offense under this section conduct that: offender: determines is necessary or or of an offense under any of (1) constitutes an offense (1) a person who is the victim appropriate to prevent or the following laws that under Section 42.07, or that of an offense under Section reduce the likelihood of future contains elements that are the actor knows or reasonably 21.02, 21.11, 22.011, 22.021, harm to the applicant or a substantially similar to the should know the other person or 42.072, Penal Code; member of the applicant's elements of an offense under will regard as threatening: (2) a person who is the victim family or household; or this section: (A) bodily injury or death for of an offense under Section (2) prohibit the alleged (1) the laws of another state; the other person; 20A.02 or 43.05, Penal Code; offender from: (2) the laws of a federally (B) bodily injury or death for a (3) a parent or guardian acting (A) communicating: recognized Indian tribe; member of the other person's on behalf of a person younger (i) directly or indirectly with (3) the laws of a territory of family or household or for an than 17 years of age who is the applicant or any member the United States; or individual with whom the the victim of an offense listed of the applicant's family or (4) federal law. other person has a dating in Subdivision (1); household in a threatening or TEX. PENAL CODE ANN. § relationship; or (4) a parent or guardian acting harassing manner; or 42.072 (2014). on behalf of a person younger

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (C) that an offense will be than 18 years of age who is (ii) in any manner with the Violation of Protective Order committed against the other the victim of an offense listed applicant or any member of for Stalking person's property; in Subdivision (2); or the applicant's family or (2) causes the other person, a (5) a prosecuting attorney household except through the (a) A person commits an member of the other person's acting on behalf of a person applicant's attorney or a offense if, in violation of a family or household, or an described by Subdivision (1) or person appointed by the condition of bond set in a individual with whom the (2). court, if the court finds good family violence, sexual assault other person has a dating TEX. CODE CRIM. PROC. ANN. cause for the prohibition; or abuse, or stalking case and relationship to be placed in art. 7A.01 (2014). (B) going to or near the related to the safety of a fear of bodily injury or death residence, place of victim or the safety of the or in fear that an offense will employment or business, or community, an order issued be committed against the child-care facility or school of under Article 17.292, Code of other person's property, or to the applicant or any member Criminal Procedure, an order feel harassed, annoyed, of the applicant's family or issued under Section 6.504, alarmed, abused, tormented, household; Family Code, Chapter 83, embarrassed, or offended; and (C) engaging in conduct Family Code, if the temporary (3) would cause a reasonable directed specifically toward ex parte order has been person to: the applicant or any member served on the person, or (A) fear bodily injury or death of the applicant's family or Chapter 85, Family Code, or an for himself or herself; household, including following order issued by another (B) fear bodily injury or death the person, that is reasonably jurisdiction as provided by for a member of the person's likely to harass, annoy, alarm, Chapter 88, Family Code, the family or household or for an abuse, torment, or embarrass person knowingly or individual with whom the the person; and intentionally: person has a dating (D) possessing a firearm, (1) commits family violence or relationship; unless the alleged offender is an act in furtherance of an (C) fear that an offense will be a peace officer, as defined by offense under Section 22.011, committed against the Section 1.07, Penal Code, 22.021, or 42.072; person's property; or actively engaged in (g) An offense under this (D) feel harassed, annoyed, employment as a sworn, full- section is a Class A alarmed, abused, tormented, time paid employee of a state misdemeanor, except the embarrassed, or offended. agency or political subdivision. offense is a felony of the third TEX. PENAL CODE ANN. § (b) In an order under degree if it is shown on the 42.072(2014). Subsection (a)(2)(B), the court trial of the offense that the shall specifically describe each defendant: prohibited location and the (1) has previously been minimum distance from the convicted two or more times location, if any, that the of an offense under this alleged offender must section or two or more times

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS maintain. This subsection does of an offense under Section not apply to an order with 25.072, or has previously been respect to which the court has convicted of an offense under received a request to maintain this section and an offense confidentiality of information under Section 25.072; or revealing the locations. (2) has violated the order or (c) In a protective order, the condition of bond by court may suspend a license to committing an assault or the carry a handgun issued under offense of stalking. Section 411.177, Government TEX. PENAL CODE ANN. § Code, that is held by the 25.07 (2014). alleged offender. TEX. CODE CRIM. PROC. ANN. art. 7A.05 (2015).

Stalking Protective Order

(a) At any proceeding related to an offense under Section 42.072, Penal Code, in which the defendant appears before the court, a person may request the court to render a protective order under Title 4, Family Code,1 for the protection of the person. The request is made by filing “An Application for a Protective Order” in the same manner as an application for a protective order under Title 4, Family Code. (b) The court shall render a protective order in the manner provided by Title 4, Family Code, if, in lieu of the finding that family violence occurred and is likely to occur in the future as required by

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS Section 85.001, Family Code, the court finds that probable cause exists to believe that an offense under Section 42.072, Penal Code, occurred and that the nature of the scheme or course of conduct engaged in by the defendant in the commission of the offense indicates that the defendant is likely to engage in the future in conduct prohibited by Section 42.072(a)(1), (2), or (3), Penal Code. TEX. CODE CRIM. PROC. ANN. art. 6.09 (2014).

(b) If the court finds that family violence has occurred and that family violence is likely to occur in the future, the court: (1) shall render a protective order as provided by Section 85.022 applying only to a person found to have committed family violence; and (2) may render a protective order as provided by Section 85.021 applying to both parties that is in the best interest of the person protected by the order or member of the family or household of the person protected by the order. TEX. FAM. CODE ANN. § 85.001 (2014).

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS UTAH Definition of Stalking Civil Injunction Civil Injunction (6) Stalking is a class A misdemeanor: UTAH CODE ANN. (1) As used in this chapter, (2) Any person who believes (5)(a) If the court determines (a) upon the offender's first §77-3A-101 “stalking” means the crime of that he or she is the victim of that there is reason to believe violation of Subsection (2); or (2014) stalking as defined in Section stalking may file a verified that an offense of stalking has (b) if the offender violated a 76-5-106.5. Stalking written petition for a civil occurred, an ex parte civil stalking injunction issued injunctions may not be stalking injunction against the stalking injunction may be pursuant to Title 77, Chapter Civil Stalking Injunction obtained against law alleged stalker with the district issued by the court that 3a, Stalking Injunctions. enforcement officers, court in the district in which includes any of the following: (7) Stalking is a third degree governmental investigators, or the petitioner or respondent (i) respondent may be felony if the offender: licensed private investigators, resides or in which any of the enjoined from committing (a) has been previously acting in their official capacity. events occurred. A minor with stalking; convicted of an offense of UTAH CODE ANN. § 77-3a-101 his or her parent or guardian (10) If the respondent stalking; (2014). may file a petition on his or requests a hearing after the (b) has been previously her own behalf, or a parent, ten-day period after service, convicted in another Criminal Code guardian, or custodian may file the court shall set a hearing jurisdiction of an offense that Stalking a petition on the minor's within a reasonable time from is substantially similar to the behalf. the date requested. At the offense of stalking; 2) A person is guilty of stalking UTAH CODE ANN. § 77-3a-101 hearing, the burden is on the (c) has been previously who intentionally or knowingly (2014). respondent to show good convicted of any felony engages in a course of conduct cause why the civil stalking offense in Utah or of any directed at a specific person injunction should be dissolved crime in another jurisdiction and knows or should know or modified. which if committed in Utah that the course of conduct UTAH CODE ANN. § 77-3a-101 would be a felony, in which would cause a reasonable (2014). the victim of the stalking person: offense or a member of the (a) to fear for the person's Criminal Injunction victim's immediate family was own safety or the safety of a also a victim of the previous third person; or (9)(a) A conviction for stalking felony offense; (b) to suffer other emotional or a plea accepted by the (d) violated a permanent distress. court and held in abeyance for criminal stalking injunction (3) A person is guilty of a period of time serves as an issued pursuant to Subsection stalking who intentionally or application for a permanent (9); or knowingly violates: criminal stalking injunction (e) has been or is at the time (a) a stalking injunction issued limiting the contact between of the offense a cohabitant, as pursuant to Title 77, Chapter the defendant and the victim. defined in Section 78B-7-102, 3a, Stalking Injunctions; or (10) A permanent criminal of the victim. stalking injunction shall be (8) Stalking is a second degree issued by the district court felony if the offender:

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (b) a permanent criminal granting the following relief (a) used a dangerous weapon stalking injunction issued where appropriate: as defined in Section 76-1-601 pursuant to this section. (a) an order: or used other means or force UTAH CODE ANN. § 76-5-106.5 (i) restraining the defendant likely to produce death or (2014). from entering the residence, serious bodily injury, in the property, school, or place of commission of the crime of employment of the victim; and stalking; (ii) requiring the defendant to (b) has been previously stay away from the victim, convicted two or more times except as provided in of the offense of stalking; Subsection (11), and to stay (c) has been convicted two or away from any specified place more times in another that is named in the order and jurisdiction or jurisdictions of is frequented regularly by the offenses that are substantially victim; similar to the offense of (b) an order restraining the stalking; defendant from making (d) has been convicted two or contact with or regarding the more times, in any victim, including an order combination, of offenses forbidding the defendant from under Subsection (7)(a), (b), or personally or through an agent (c); initiating any communication, (e) has been previously except as provided in convicted two or more times Subsection (11), likely to cause of felony offenses in Utah or annoyance or alarm to the of crimes in another victim, including personal, jurisdiction or jurisdictions written, or telephone contact which, if committed in Utah, with or regarding the victim, would be felonies, in which with the victim's employers, the victim of the stalking was employees, coworkers, also a victim of the previous friends, associates, or others felony offenses; or with whom communication (f) has been previously would be likely to cause convicted of an offense under annoyance or alarm to the Subsection (7)(d) or (e). victim; and UTAH CODE ANN. § 76-5-106.5 (c) any other orders the court (2014). considers necessary to protect the victim and members of the

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS victim's immediate family or household. UTAH CODE ANN. § 76-5-106.5 (2014). VERMONT Definition Order Against Stalking or Order Against Stalking or Any person who intentionally Sexual Assault Sexual Assault stalks another person shall be VT. STAT. ANN. tit. 12, (6) “Stalk” means to engage in imprisoned not more than two §5133 (2015) a course of conduct which (a) A person, other than a (d)(1) If the court finds by a years or fined not more than consists of following or lying in family or household member preponderance of evidence $5,000.00, or both.

wait for a person, or as defined in 15 V.S.A. § that the defendant has stalked VT. STAT. ANN. tit. 13, § 1062 Order Against Stalking and threatening behavior directed 1101(2), may seek an order or has been convicted of (2015). Sexual Assault at a specific person or a against stalking or sexual sexually assaulting the member of the person's assault on behalf of him or plaintiff, the court shall order (b) A person who commits the family, and: herself or his or her children the defendant to stay away crime of aggravated stalking VT. STAT. ANN. tit. 15, § (A) serves no legitimate by filing a complaint under this from the plaintiff or the shall be imprisoned not more 1103 (2015) purpose; and chapter. The plaintiff shall plaintiff's children, or both, than five years or be fined not (B) would cause a reasonable submit an affidavit in support and may make any other such more than $25,000.00, or Protection Order Against person to fear for his or her of the order. order it deems necessary to both. Domestic Violence safety or would cause a VT. STAT. ANN. tit. 12, § 5133 protect the plaintiff or the VT. STAT. ANN. tit. 13, § 1063 reasonable person substantial (2015). plaintiff's children, or both. (2015). emotional distress. VT. STAT. ANN. tit. 12, § 5133 VT. STAT. ANN. tit. 12, § 5131 Protection Order Against (2015). Contempt (2015). Domestic Violence Protection Order Against (b) In addition to the Criminal Code (a) Any family or household Domestic Violence provisions of subsection (a) of Stalking member may seek relief from this section, violation of an abuse by another family or (c)(1) The court shall make order issued under this (1) “Stalk” means to engage in household member on behalf such orders as it deems chapter may be prosecuted as a course of conduct which of him or herself or his or her necessary to protect the a criminal contempt under consists of following, lying in children by filing a complaint plaintiff or the children, or Rule 42 of Vermont Rules of wait for, or harassing, and: under this chapter. The both, if the court finds that the Criminal Procedure. The (A) serves no legitimate plaintiff shall submit an defendant has abused the prosecution for criminal purpose; and affidavit in support of the plaintiff, and: contempt may be initiated by (B) would cause a reasonable order. (A) there is a danger of further the State's Attorney in the person to fear for his or her VT. STAT. ANN. tit. 15, § 1103 abuse; or Criminal or Civil Division of the physical safety or would cause (2015). (B) the defendant is currently Superior Court in the unit or a reasonable person incarcerated and has been county in which the violation substantial emotional distress. convicted of one of the occurred. The maximum following: murder, attempted penalty which may be

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS VT. STAT. ANN. tit. 13, § 1061 murder, kidnapping, domestic imposed under this subsection (2015). assault, aggravated domestic shall be a fine of $1,000.00 or assault, sexual assault, imprisonment for six months, Aggravated Stalking aggravated sexual assault, or both. A sentence of stalking, aggravated stalking, imprisonment upon conviction (a) A person commits the lewd or lascivious conduct for criminal contempt may be crime of aggravated stalking if with child, use of a child in a stayed in the discretion of the the person intentionally stalks sexual performance, or court, pending the expiration another person, and: consenting to a sexual of the time allowed for filing (1) such conduct violates a performance. notice of appeal or pending court order that prohibits VT. STAT. ANN. tit. 15, § 1103 appeal if any appeal is taken. stalking and is in effect at the (2015). After two years have passed time of the offense; or from conviction under this (2) has been previously subsection, the court may on convicted of stalking or motion of the defendant aggravated stalking; or expunge the record of the (3) has been previously criminal proceeding and convicted of an offense an conviction unless the element of which involves an defendant has been convicted act of violence against the of a felony or misdemeanor same person; or involving moral turpitude or a (4) the person being stalked is violation of a protection order under the age of 16 years; or after such initial adjudication. (5) had a deadly weapon, as VT. STAT. ANN. tit. 12, § 5138 defined in section 1021 of this (2015). title, in his or her possession while engaged in the act of stalking. VT. STAT. ANN. tit. 13, § 1063 (2015). VIRGINIA Definition of Act of violence, Protective Order for Acts of Protective Order for Acts of A. Any person, except a law- force, or threat Violence, Force or Threats Violence, Force, or Threats enforcement officer, as VA. CODE ANN. § 19.2- defined in § 9.1-101, and 152.10 (2015) As used in this chapter: There is no relationship A. The court may issue a acting in the performance of “Act of violence, force, or requirement. protective order pursuant to his official duties, and a threat” means any act VA. CODE ANN. § 19.2-152.9 this chapter to protect the registered private investigator, Protective Order for Act of involving violence, force, or (2015). health and safety of the as defined in § 9.1-138, who is Violence, Force or Threats threat that results in bodily petitioner and family or regulated in accordance with § injury or places one in household members of a 9.1-139 and acting in the

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS VA. CODE. ANN. reasonable apprehension of Protective Order for Family petitioner upon (i) the course of his legitimate § 16.1-253.1 (2015) death, sexual assault, or bodily Abuse issuance of a petition or business, who on more than injury. Such act includes, but is warrant for, or a conviction of, one occasion engages in Protective Order for not limited to, any forceful …“Family or household any criminal offense resulting conduct directed at another Family Abuse detention, stalking, criminal member” means (i) the from the commission of an act person with the intent to sexual assault in violation of person's spouse, whether or of violence, force, or threat or place, or when he knows or Article 7 (§ 18.2-61 et seq.) of not he or she resides in the (ii) a hearing held pursuant to reasonably should know that Chapter 4 of Title 18.2, or any same home with the person, subsection D of § 19.2-152.9. the conduct places that other criminal offense that results in (ii) the person's former A protective order issued person in reasonable fear of bodily injury or places one in spouse, whether or not he or under this section may include death, criminal sexual assault, reasonable apprehension of she resides in the same home any one or more of the or bodily injury to that other death, sexual assault, or bodily with the person, (iii) the following conditions to be person or to that other injury. person's parents, stepparents, imposed on the respondent: person's family or household VA. CODE ANN. § 19.2-152.7:1 children, stepchildren, 1. Prohibiting acts of violence, member is guilty of a Class 1 (2015). brothers, sisters, half- force, or threat or criminal misdemeanor. brothers, half-sisters, offenses that may result in B. Any person who is Definition of Family Abuse grandparents and injury to person or property; convicted of a second offense grandchildren, regardless of 2. Prohibiting such contacts by of subsection A occurring …“Family abuse” means any whether such persons reside the respondent with the within five years of a prior act involving violence, force, in the same home with the petitioner or family or conviction of such an offense or threat that results in bodily person, (iv) the person's household members of the when the person was also injury or places one in mother-in-law, father-in-law, petitioner as the court deems convicted within the five-year reasonable apprehension of sons-in-law, daughters-in-law, necessary for the health or period prior to the instant death, sexual assault, or bodily brothers-in-law and sisters-in- safety of such persons; offense of a violation of (i) § injury and that is committed law who reside in the same 3. Any other relief necessary 18.2-51, 18.2-51.2, 18.2-51.6, by a person against such home with the person, (v) any to prevent (i) acts of violence, 18.2-52, or 18.2-57 and the person's family or household individual who has a child in force, or threat, (ii) criminal victim of that crime was the member. Such act includes, common with the person, offenses that may result in same person who is the victim but is not limited to, any whether or not the person and injury to person or property, of the stalking activity in the forceful detention, stalking, that individual have been or (iii) communication or other instant conviction, (ii) § 18.2- criminal sexual assault in married or have resided contact of any kind by the 57.2, or (iii) a protective order, violation of Article 7 (§ 18.2-61 together at any time, or (vi) respondent… is guilty of a Class 6 felony. et seq.) of Chapter 4 of Title any individual who cohabits or VA. CODE ANN. § 19.2-152.10 C. Any person convicted of a 18.2, or any criminal offense who, within the previous 12 (2015). third or subsequent conviction that results in bodily injury or months, cohabited with the of subsection A occurring places one in reasonable person, and any children of Protective Order for Family within five years of a apprehension of death, sexual either of them then residing in Abuse conviction for an offense assault, or bodily injury… the same home with the under this section or for a person… similar offense under the law

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS VA. CODE ANN. § 16.1-228 VA. CODE ANN. § 16.1-228 A. In cases of family abuse, of any other jurisdiction is (2015). (2015). including any case involving an guilty of a Class 6 felony. incarcerated or recently E. Upon finding a person guilty Criminal Code incarcerated respondent under this section, the court Stalking against whom a preliminary shall, in addition to the protective order has been sentence imposed, issue an A. Any person, except a law- issued pursuant to § 16.1- order prohibiting contact enforcement officer, as 253.1, the court may issue a between the defendant and defined in § 9.1-101, and protective order to protect the the victim or the victim's acting in the performance of health and safety of the family or household member. his official duties, and a petitioner and family or VA. CODE ANN. § 18.2-60.3 registered private investigator, household members of the (2015). as defined in § 9.1-138, who is petitioner. A protective order regulated in accordance with § issued under this section may Any person who violates any 9.1-139 and acting in the include any one or more of the provision of a protective order course of his legitimate following conditions to be issued pursuant to § 19.2- business, who on more than imposed on the respondent: 152.8, 19.2-152.9, or 19.2- one occasion engages in 1. Prohibiting acts of family 152.10 is guilty of a Class 1 conduct directed at another abuse or criminal offenses that misdemeanor. Conviction person with the intent to result in injury to person or hereunder shall bar a finding place, or when he knows or property; of contempt for the same act. reasonably should know that 2. Prohibiting such contacts by The punishment for any the conduct places that other the respondent with the person convicted of a second person in reasonable fear of petitioner or family or offense of violating a death, criminal sexual assault, household members of the protective order, when the or bodily injury to that other petitioner as the court deems offense is committed within person or to that other necessary for the health or five years of the prior person's family or household safety of such persons; conviction and when either member is guilty of a Class 1 3. Granting the petitioner the instant or prior offense misdemeanor. possession of the residence was based on an act or threat VA. CODE ANN. § 18.2-60.3 occupied by the parties to the of violence, shall include a (2015). exclusion of the respondent; mandatory minimum term of however, no such grant of confinement of 60 days. Any possession shall affect title to person convicted of a third or any real or personal property; subsequent offense of 4. Enjoining the respondent violating a protective order, from terminating any when the offense is necessary utility service to the committed within 20 years of residence to which the the first conviction and when

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS petitioner was granted either the instant or one of the possession pursuant to prior offenses was based on subdivision 3 or, where an act or threat of violence, is appropriate, ordering the guilty of a Class 6 felony and respondent to restore utility the punishment shall include a services to that residence; mandatory minimum term of 5. Granting the petitioner confinement of six months. temporary possession or use The mandatory minimum of a motor vehicle owned by terms of confinement the petitioner alone or jointly prescribed for violations of owned by the parties to the this section shall be served exclusion of the respondent consecutively with any other and enjoining the respondent sentence. from terminating any VA. CODE ANN. § 18.2-60.4 insurance, registration, or (2015). taxes on the motor vehicle and directing the respondent to maintain the insurance, registration, and taxes, as appropriate; however, no such grant of possession or use shall affect title to the vehicle; 6. Requiring that the respondent provide suitable alternative housing for the petitioner and, if appropriate, any other family or household member and where appropriate, requiring the respondent to pay deposits to connect or restore necessary utility services in the alternative housing provided; 7. Ordering the respondent to participate in treatment, counseling or other programs as the court deems appropriate;

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS 8. Granting the petitioner the possession of any companion animal as defined in § 3.2- 6500 if such petitioner meets the definition of owner in § 3.2-6500; and 9. Any other relief necessary for the protection of the petitioner and family or household members of the petitioner, including a provision for temporary custody or visitation of a minor child. A1. If a protective order is issued pursuant to subsection A, the court may also issue a temporary child support order for the support of any children of the petitioner whom the respondent has a legal obligation to support. Such order shall terminate upon the determination of support pursuant to § 20-108.1. VA. CODE ANN. § 16.1-279.1 (2015).

Preliminary Protective Orders

A. Upon the filing of a petition alleging that (i) the petitioner is or has been, within a reasonable period of time, subjected to an act of violence, force, or threat, or (ii) a petition or warrant has been issued for the arrest of the alleged perpetrator for any

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS criminal offense resulting from the commission of an act of violence, force, or threat, the court may issue a preliminary protective order against the alleged perpetrator in order to protect the health and safety of the petitioner or any family or household member of the petitioner. The order may be issued in an ex parte proceeding upon good cause shown when the petition is supported by an affidavit or sworn testimony before the judge or intake officer. Immediate and present danger of any act of violence, force, or threat or evidence sufficient to establish probable cause that an act of violence, force, or threat has recently occurred shall constitute good cause. A preliminary protective order may include any one or more of the following conditions to be imposed on the respondent: 1. Prohibiting acts of violence, force, or threat or criminal offenses that may result in injury to person or property; 2. Prohibiting such other contacts by the respondent with the petitioner or the petitioner's family or household members as the court deems necessary for the

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS health and safety of such persons; 3. Such other conditions as the court deems necessary to prevent (i) acts of violence, force, or threat, (ii) criminal offenses that may result in injury to person or property, or (iii) communication or other contact of any kind by the respondent; and 4. Granting the petitioner the possession of any companion animal as defined in § 3.2- 6500 if such petitioner meets the definition of owner in § 3.2-6500. VA. CODE ANN. § 19.2-152.9 (2015). WASHINGTON Definition of Domestic Domestic Violence Protection Domestic Violence Protection (5)(a) Except as provided in (b) Violence Order Order of this subsection, a person WASH. REV. CODE ANN. § who stalks another person is 10.14.080 As used in this chapter, the Domestic Violence Order is (1) Upon notice and after guilty of a gross misdemeanor. (2015) following terms shall have the only available to a victim if hearing, the court may provide (b) A person who stalks meanings given them: they are a family or household relief as follows: another is guilty of a class B member. (a) Restrain the respondent felony if any of the following Anti-harassment Order As used in this chapter, the WASH. REV. CODE ANN. §§ from committing acts of applies: (i) The stalker has WASH. REV. CODE ANN. following terms shall have the 26.50.070 (a), 26.50.010 (1) domestic violence; previously been convicted in §26.50.70 meanings given them: (2015). (b) Exclude the respondent this state or any other state of (2015) (1) “Domestic violence” from the dwelling that the any crime of harassment, as means: (a) Physical harm, The victim shall be informed parties share, from the defined in RCW 9A.46.060, of Domestic Violence Order bodily injury, assault, or the by local law enforcement residence, workplace, or the same victim or members infliction of fear of imminent agencies or the prosecuting school of the petitioner, or of the victim's family or physical harm, bodily injury or attorney of the final from the day care or school of household or any person assault, between family or disposition of the case in a child; specifically named in a household members; (b) which the victim is involved. If (c) Prohibit the respondent protective order; (ii) the sexual assault of one family or a defendant is found guilty of from knowingly coming within, stalking violates any protective household member by a crime of harassment and a or knowingly remaining within, order protecting the person another; or (c) stalking as condition of the sentence being stalked; (iii) the stalker

176

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS defined in RCW 9A.46.110 of restricts the defendant's a specified distance from a has previously been convicted one family or household ability to have contact with specified location; of a gross misdemeanor or member by another family or the victim or witnesses, the (d) On the same basis as is felony stalking offense under household member. condition shall be recorded provided in chapter 26.09 this section for stalking WASH. REV. CODE ANN. § and a written certified copy of RCW, the court shall make another person; (iv) the 26.50.010 (2015). that order shall be provided to residential provision with stalker was armed with a the victim or witnesses by the regard to minor children of the deadly weapon, as defined in Criminal Code clerk of the court. Willful parties. However, parenting RCW 9.94A.825, while stalking Stalking violation of a court order plans as specified in chapter the person; (v)(A) the stalker's issued under this section or an 26.09 RCW shall not be victim is or was a law (1) A person commits the equivalent local ordinance is a required under this chapter; enforcement officer; judge; crime of stalking if, without gross misdemeanor. The (e) Order the respondent to juror; attorney; victim lawful authority and under written order shall contain the participate in a domestic advocate; legislator; circumstances not amounting court's directives and shall violence perpetrator community corrections' to a felony attempt of another bear the legend: Violation of treatment program approved officer; an employee, contract crime: this order is a criminal offense under RCW 26.50.150; staff person, or volunteer of a (a) He or she intentionally and under chapter 9A.46 RCW and (f) Order other relief as it correctional agency; court repeatedly harasses or will subject a violator to arrest. deems necessary for the employee, court clerk, or repeatedly follows another WASH. REV. CODE. ANN. § protection of the petitioner courthouse facilitator; or an person; and 9A.46.080 (2015). and other family or household employee of the child (b) The person being harassed members sought to be protective, child welfare, or or followed is placed in fear As used in this chapter, protected, including orders or adult protective services that the stalker intends to “harassment” may include but directives to a peace officer, as division within the department injure the person, another is not limited to any of the allowed under this chapter; of social and health services; person, or property of the following crimes: (g) Require the respondent to and (B) the stalker stalked the person or of another person. (33) Stalking (RCW 9A.46.110); pay the administrative court victim to retaliate against the The feeling of fear must be WASH. REV. CODE. ANN. § costs and service fees, as victim for an act the victim one that a reasonable person 9A.46.060 (2015). established by the county or performed during the course in the same situation would municipality incurring the of official duties or to experience under all the expense and to reimburse the influence the victim's circumstances; and petitioner for costs incurred in performance of official duties; (c) The stalker either: bringing the action, including or (vi) the stalker's victim is a (i) Intends to frighten, reasonable attorneys' fees; current, former, or intimidate, or harass the (h) Restrain the respondent prospective witness in an person; or from having any contact with adjudicative proceeding, and (ii) Knows or reasonably the victim of domestic the stalker stalked the victim should know that the person is violence or the victim's to retaliate against the victim afraid, intimidated, or children or members of the as a result of the victim's harassed even if the stalker victim's household;

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS did not intend to place the (i) Restrain the respondent testimony or potential person in fear or intimidate or from harassing, following, testimony. harass the person. keeping under physical or WASH. REV. CODE ANN. § WASH. REV. CODE ANN. § electronic surveillance, 9A.46.110 (2015). 9A.46.110 (2015). cyberstalking as defined in RCW 9.61.260, and using telephonic, audiovisual, or other electronic means to monitor the actions, location, or communication of a victim of domestic violence, the victim's children, or members of the victim's household. For the purposes of this subsection, “communication” includes both “wire communication” and “electronic communication” as defined in RCW 9.73.260; (j) Require the respondent to submit to electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the respondent to pay for electronic monitoring; (k) Consider the provisions of RCW 9.41.800; (l) Order possession and use of essential personal effects. The court shall list the essential personal effects with sufficient

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS specificity to make it clear which property is included. Personal effects may include pets. The court may order that a petitioner be granted the exclusive custody or control of any pet owned, possessed, leased, kept, or held by the petitioner, respondent, or minor child residing with either the petitioner or respondent and may prohibit the respondent from interfering with the petitioner's efforts to remove the pet. The court may also prohibit the respondent from knowingly coming within, or knowingly remaining within, a specified distance of specified locations where the pet is regularly found; and (m) Order use of a vehicle. (2) If a protection order restrains the respondent from contacting the respondent's minor children the restraint shall be for a fixed period not to exceed one year. This limitation is not applicable to orders for protection issued under chapter 26.09, 26.10, or 26.26 RCW. With regard to other relief, if the petitioner has petitioned for relief on his or her own behalf or on behalf of the petitioner's family or household members or minor children, and the court finds

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS that the respondent is likely to resume acts of domestic violence against the petitioner or the petitioner's family or household members or minor children when the order expires, the court may either grant relief for a fixed period or enter a permanent order of protection. If the petitioner has petitioned for relief on behalf of the respondent's minor children, the court shall advise the petitioner that if the petitioner wants to continue protection for a period beyond one year the petitioner may either petition for renewal pursuant to the provisions of this chapter or may seek relief pursuant to the provisions of chapter 26.09 or 26.26 RCW. (3) If the court grants an order for a fixed time period, the petitioner may apply for renewal of the order by filing a petition for renewal at any time within the three months before the order expires. The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order. Upon receipt of the petition for renewal the court shall order a hearing which shall be not later than fourteen days from the date of the order. Except as provided

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS in RCW 26.50.085, personal service shall be made on the respondent not less than five days before the hearing. If timely service cannot be made the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided in RCW 26.50.085 or by mail as provided in RCW 26.50.123. If the court permits service by publication or mail, the court shall set the new hearing date not later than twenty-four days from the date of the order. If the order expires because timely service cannot be made the court shall grant an ex parte order of protection as provided in RCW 26.50.070. The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume acts of domestic violence against the petitioner or the petitioner's children or family or household members when the order expires. The court may renew the protection order for another fixed time period or may enter a permanent order as provided in this section. The court may award court costs, service fees, and reasonable

181

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS attorneys' fees as provided in subsection (1)(g) of this section. (4) In providing relief under this chapter, the court may realign the designation of the parties as “petitioner” and “respondent” where the court finds that the original petitioner is the abuser and the original respondent is the victim of domestic violence and may issue an ex parte temporary order for protection in accordance with RCW 26.50.070 on behalf of the victim until the victim is able to prepare a petition for an order for protection in accordance with RCW 26.50.030. (5) Except as provided in subsection (4) of this section, no order for protection shall grant relief to any party except upon notice to the respondent and hearing pursuant to a petition or counter-petition filed and served by the party seeking relief in accordance with RCW 26.50.050. (6) The court order shall specify the date the order expires if any. The court order shall also state whether the court issued the protection order following personal service, service by publication, or service by mail and whether

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS the court has approved service by publication or mail of an order issued under this section. (7) If the court declines to issue an order for protection or declines to renew an order for protection, the court shall state in writing on the order the particular reasons for the court's denial. WASH. REV. CODE ANN. § 26.50.060 (2015).

(1) Where an application under this section alleges that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary order for protection, pending a full hearing, and grant relief as the court deems proper… WASH. REV. CODE ANN. § 26.50.070 (2015).

(1) When a defendant is found guilty of a crime and a condition of the sentence restricts the defendant's ability to have contact with the victim, such condition shall be recorded and a written certified copy of that order shall be provided to the victim.

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS WASH. REV. CODE ANN. § 10.99.050 (2015).

Civil Anti-harassment Order (6) The court, in granting an ex parte temporary antiharassment protection order or a civil antiharassment protection order, shall have broad discretion to grant such relief as the court deems proper, including an order: (a) Restraining the respondent from making any attempts to contact the petitioner; (b) Restraining the respondent from making any attempts to keep the petitioner under surveillance; (c) Requiring the respondent to stay a stated distance from the petitioner's residence and workplace; and (d) Considering the provisions of RCW 9.41.800. (7) The court in granting an ex parte temporary antiharassment protection order or a civil antiharassment protection order, shall not prohibit the respondent from exercising constitutionally protected free speech. Nothing in this section prohibits the petitioner from utilizing other civil or criminal remedies to restrain conduct or communications not

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS otherwise constitutionally protected. (8) The court in granting an ex parte temporary antiharassment protection order or a civil antiharassment protection order, shall not prohibit the respondent from the use or enjoyment of real property to which the respondent has a cognizable claim unless that order is issued under chapter 26.09 RCW or under a separate action commenced with a summons and complaint to determine title or possession of real property. (9) The court in granting an ex parte temporary antiharassment protection order or a civil antiharassment protection order, shall not limit the respondent's right to care, control, or custody of the respondent's minor child, unless that order is issued under chapter 13.32A, 26.09, 26.10, or 26.26 RCW. (10) A petitioner may not obtain an ex parte temporary antiharassment protection order against a respondent if the petitioner has previously obtained two such ex parte orders against the same respondent but has failed to obtain the issuance of a civil antiharassment protection

185

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS order unless good cause for such failure can be shown. (11) The court order shall specify the date an order issued pursuant to subsections (4) and (5) of this section expires if any. The court order shall also state whether the court issued the protection order following personal service or service by publication and whether the court has approved service by publication of an order issued under this section. WASH. REV. CODE ANN. § 10.14.080 (2015).

Stalking is considered a “crime involving harassment” and all protection order provisions relating to harassment apply. WASH. REV. CODE ANN. §§ 9A.46.060, 9A.46.040, 9A.46.080 (2015). WEST VIRGINIA Definition of Abuse Domestic Violence Protection Domestic Violence Protection (a) Any person who repeatedly Order Order follows another knowing or W. VA. CODE “Domestic violence” or having reason to know that § 48-27-502 (2015) “abuse” means the occurrence “Domestic violence” or (a) A protective order must the conduct causes the person of one or more of the “abuse” means the occurrence order the respondent to followed to reasonably fear for following acts between family of one or more of the refrain from abusing, his or her safety or suffer Domestic Violence or household members, as following acts between family harassing, stalking, significant emotional distress, Protection Order that term is defined in section or household members, as threatening or otherwise is guilty of a misdemeanor two hundred four of this that term is defined in section intimidating the petitioner or and, upon conviction thereof, article: two hundred four of this the minor children, or shall be incarcerated in the (3) Creating fear of physical article: engaging in other conduct that county or regional jail for not harm by harassment, stalking, W. VA. CODE § 48-27-202 would place the petitioner or more than six months or fined psychological abuse or (2015). the minor children in not more than one thousand threatening acts; dollars, or both.

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS W. VA. CODE § 48-27-202 Family or Household Members reasonable fear of bodily (b) Any person who repeatedly (2015). Defined injury. harasses or repeatedly makes (b) The protective order must credible threats against Criminal Code “Family or household prohibit the respondent from another is guilty of a members” means persons possessing any firearm or misdemeanor and, upon (a) Any person who repeatedly who: ammunition. conviction thereof, shall be follows another knowing or (1) Are or were married to W. VA. CODE § 48-27-502 incarcerated in the county or having reason to know that each other; (2015). regional jail for not more than the conduct causes the person (2) Are or were living together six months or fined not more followed to reasonably fear for as spouses; than one thousand dollars, or his or her safety or suffer (3) Are or were sexual or both. significant emotional distress, intimate partners; (c) Notwithstanding any is guilty of a misdemeanor (4) Are or were dating: provision of this code to the and, upon conviction thereof, Provided, That a casual contrary, any person who shall be incarcerated in the acquaintance or ordinary violates the provisions of county or regional jail for not fraternization between subsection (a) or (b) of this more than six months or fined persons in a business or social section in violation of an order not more than one thousand context does not establish a entered by a circuit court, dollars, or both. dating relationship; magistrate court or family (b) Any person who repeatedly (5) Are or were residing court judge, in effect and harasses or repeatedly makes together in the same entered pursuant to part 48-5- credible threats against household; 501, et seq., part 48-5-601, et another is guilty of a (6) Have a child in common seq. or 48-27-403 of this code misdemeanor and, upon regardless of whether they is guilty of a misdemeanor conviction thereof, shall be have ever married or lived and, upon conviction thereof, incarcerated in the county or together; shall be incarcerated in the regional jail for not more than (7) Have the following county jail for not less than six months or fined not more relationships to another ninety days nor more than one than one thousand dollars, or person: year or fined not less than two both. (A) Parent; thousand dollars nor more W. VA. CODE § 61-2-9a (2015). (B) Stepparent; than five thousand dollars, or (C) Brother or sister; both. (D) Half-brother or half-sister; (d) A second or subsequent (E) Stepbrother or stepsister; conviction for a violation of (F) Father-in-law or mother-in- this section occurring within law; five years of a prior conviction (G) Stepfather-in-law or is a felony punishable by stepmother-in-law; incarceration in a state (H) Child or stepchild; correctional facility for not less

187

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (I) Daughter-in-law or son-in- than one year nor more than law; five years or fined not less (J) Stepdaughter-in-law or than three thousand dollars stepson-in-law; nor more than ten thousand (K) Grandparent; dollars, or both. (L) Step grandparent; (e) Notwithstanding any (M) Aunt, aunt-in-law or step provision of this code to the aunt; contrary, any person against (N) Uncle, uncle-in-law or step whom a protective order for uncle; injunctive relief is in effect (O) Niece or nephew; pursuant to the provisions of (P) First or second cousin; or section five hundred one, (8) Have the relationships set article twenty-seven, chapter forth in paragraphs (A) forty-eight of this code who through (P), subdivision (7) of has been served with a copy of this section to a family or said order or section six household member, as hundred eight, article five, defined in subdivisions (1) chapter forty-eight of this through (6) of this section. code who is convicted of a W. VA. CODE § 48-27-204 violation of the provisions of (2015). this section shall be guilty of a felony and punishable by incarceration in a state correctional facility for not less than one year nor more than five years or fined not less than three thousand dollars nor more than ten thousand dollars, or both. W. VA. CODE § 61-2-9a (2015). WISCONSIN Harassment Definition Harassment Restraining Order Harassment Restraining Order (4m) Restriction on firearm possession; surrender of WIS. STAT. (1) Definition. In this section, There is no relationship (3) Temporary restraining firearms. (a) If a judge or § 813.125 (2015) “harassment” means any of requirement in order. (a) A judge or circuit circuit court commissioner the following: WIS. STAT. § 813.125 (2015). court commissioner may issue issues an injunction under sub. (a) Striking, shoving, kicking or a temporary restraining order (4) and the judge or circuit Harassment otherwise subjecting another ordering the respondent to court commissioner Restraining Order person to physical contact; avoid contacting or causing determines, based on clear engaging in an act that would any person other than a and convincing evidence

188

STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS constitute abuse under s. party's attorney or a law presented at the hearing on 48.02(1), sexual assault under enforcement officer to contact the issuance of the injunction, s. 940.225, or stalking under s. the petitioner without the that the respondent may use a 940.32; or attempting or petitioner's written consent; firearm to cause physical harm threatening to do the same. to cease or avoid the to another or to endanger WIS. STAT. § 813.125 (2015). harassment of another public safety, the judge or person; to avoid the circuit court commissioner Criminal Code petitioner's residence, except may prohibit the respondent Stalking as provided in par. (am), or from possessing a firearm. any premises temporarily (7) Penalty. Whoever violates (2) Whoever meets all of the occupied by the petitioner or a temporary restraining order following criteria is guilty of a both; or any combination of or injunction issued under this Class I felony: these remedies requested in section shall be fined not more (a) The actor intentionally the petition, if all of the than $10,000 or imprisoned engages in a course of conduct following occur: not more than 9 months or directed at a specific person 1. The petitioner files a both. that would cause a reasonable petition alleging the elements WIS. STAT. § 813.125 (2015). person under the same set forth under sub. (5)(a). circumstances to suffer 2. The judge or circuit court serious emotional distress or commissioner finds to fear bodily injury to or the reasonable grounds to believe death of himself or herself or a that the respondent has member of his or her family or engaged in harassment with household. intent to harass or intimidate (b) The actor knows or should the petitioner. know that at least one of the (4) Injunction. (a) A judge or acts that constitute the course circuit court commissioner of conduct will cause the may grant an injunction specific person to suffer ordering the respondent to serious emotional distress or avoid contacting or causing place the specific person in any person other than a reasonable fear of bodily party's attorney or a law injury to or the death of enforcement officer to contact himself or herself or a the petitioner without the member of his or her family or petitioner's written consent; household. to cease or avoid the (c) The actor's acts cause the harassment of another specific person to suffer person; to avoid the serious emotional distress or petitioner's residence, except

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS induce fear in the specific as provided in par. (am), or person of bodily injury to or any premises temporarily the death of himself or herself occupied by the petitioner or or a member of his or her both; or any combination of family or household. these remedies requested in (2e) Whoever meets all of the the petition, if all of the following criteria is guilty of a following occur: Class I felony: 1. The petitioner has filed a (a) After having been petition alleging the elements convicted of sexual assault set forth under sub. (5)(a). under s. 940.225, 948.02, 2. The petitioner serves upon 948.025, or 948.085 or a the respondent a copy of a domestic abuse offense, the restraining order obtained actor engages in any of the under sub. (3) and notice of acts listed in sub. (1)(a)1. to the time for the hearing on 10., if the act is directed at the the issuance of the injunction victim of the sexual assault or under sub. (3)(c). The the domestic abuse offense. restraining order or notice of (b) The actor knows or should hearing served under this know that the act will cause subdivision shall inform the the specific person to suffer respondent that, if the judge serious emotional distress or or circuit court commissioner place the specific person in issues an injunction, the judge reasonable fear of bodily or circuit court commissioner injury to or the death of may also order the respondent himself or herself or a not to possess a firearm while member of his or her family or the injunction is in effect. The household. person who serves the (c) The actor's act causes the respondent with the order or specific person to suffer notice shall also provide the serious emotional distress or respondent with all of the induces fear in the specific following information: person of bodily injury to or a. Notice of the requirements the death of himself or herself and penalties under s. or a member of his or her 941.29(1)(g) and (2)(d) and family or household. notice of any similar applicable (2m) Whoever violates sub. (2) federal laws and penalties. is guilty of a Class H felony if b. An explanation of s. any of the following applies: 813.1285, including the

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (a) The actor has a previous procedures for surrendering a conviction for a violent crime, firearm and the circumstances as defined in s. listed under s. 813.1285 under 939.632(1)(e)1., or a previous which a respondent must conviction under this section appear at a hearing to or s. 947.013(1r), (1t), (1v), or surrender firearms. (1x). c. A firearm possession form (b) The actor has a previous developed under s. conviction for a crime, the 813.1285(5)(a), with victim of that crime is the instructions for completing victim of the present violation and returning the form. of sub. (2), and the present WIS. STAT. § 813.125 (2015). violation occurs within 7 years after the prior conviction. (c) The actor intentionally gains access or causes another person to gain access to a record in electronic format that contains personally identifiable information regarding the victim in order to facilitate the violation. (d) The person violates s. 968.31(1) or 968.34(1) in order to facilitate the violation. (e) The victim is under the age of 18 years at the time of the violation. WIS. STAT. § 940.32 (2015). WYOMING Definition of Stalking Domestic Violence Protection Service of Order… Remedies Stalking Order not Exclusive WYO. STAT. ANN. (a) As used in W.S. 7–3–506 (d) Except as provided under §7-3-506 (2015) through 7–3–512: (a) As used in this act: (a) An order of protection subsection (e) of this section, (ii) “Order of protection” (iii) “Domestic abuse” means granted under W.S. 7-3-509 stalking is a misdemeanor means a court order granted the occurrence of one (1) or shall be served upon the punishable by imprisonment Stalking Protection Order for the protection of a victim more of the following acts by a respondent pursuant to the for not more than six (6) of stalking or a victim of sexual household member but does Wyoming Rules of Civil months, a fine of not more WYO. STAT. ANN. assault; not include acts of self Procedure. A copy of the order than seven hundred fifty §35-21-102 (2015) defense: of protection shall be filed dollars ($750.00), or both.

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (iv) “Stalking” means conduct (A) Physically abusing, with the sheriff of the county. (e) A person convicted of Domestic Violence Order as defined by W.S. 6–2– threatening to physically (b) An order of protection stalking under subsection (b) 506(b). abuse, attempting to cause or granted by the court under of this section is guilty of WYO. STAT. ANN. § 7-3-506 causing physical harm or acts W.S. 7–3–509 shall be felony stalking punishable by (2015). which unreasonably restrain effective for a fixed period of imprisonment for not more the personal liberty of any time as provided in paragraphs than ten (10) years, if: Criminal Code household member; (i) and (ii) of this subsection. (i) The act or acts leading to Stalking (B) Placing a household Either party may move to the conviction occurred within member in reasonable fear of modify, terminate or extend five (5) years of a prior (b) Unless otherwise provided imminent physical harm; or the order. The order may be conviction under this by law, a person commits the (C) Causing a household extended repetitively upon a subsection, or under crime of stalking if, with intent member to engage showing of good cause for subsection (b) of this section, to harass another person, the involuntarily in sexual activity additional periods of time, not or under a substantially similar person engages in a course of by force, threat of force or to exceed one (1) year each, if law of another jurisdiction; conduct reasonably likely to duress. the court finds from specific (ii) The defendant caused harass that person, including (iv) “Household member” facts that a clear and present serious bodily harm to the but not limited to any includes: danger to the victim continues victim or another person in combination of the following: (A) Persons married to each to exist. The period of time for conjunction with committing (i) Communicating, other; an original order of protection the offense of stalking; anonymously or otherwise, or (B) Persons living with each shall be as follows: (iii) The defendant committed causing a communication with other as if married; (i) For conduct constituting the offense of stalking in another person by verbal, (C) Persons formerly married stalking, the order of violation of any condition of electronic, mechanical, to each other; protection shall not exceed probation, parole or bail; or telegraphic, telephonic or (D) Persons formerly living one (1) year; (iv) The defendant committed written means in a manner with each other as if married; (ii) For conduct constituting the offense of stalking in that harasses; (E) Parents and their adult sexual assault the order of violation of a temporary or (ii) Following a person, other children; protection shall not exceed permanent order of protection than within the residence of (F) Other adults sharing the longer of: issued pursuant to W.S. 7-3- the defendant; common living quarters; (A) Six (6) months; or 508 or 7-3-509, or pursuant to (iii) Placing a person under (G) Persons who are the (B) The point in time the a substantially similar law of surveillance by remaining parents of a child but who are respondent is charged with another jurisdiction. present outside his or her not living with each other; and sexual assault or a related WYO. STAT. ANN. § 6-2-506 school, place of employment, (H) Persons who are in, or criminal offense and the court (2015). vehicle, other place occupied have been in, a dating ordered bond conditions for by the person, or residence relationship. pre-trial release are at least as Civil Liability other than the residence of WYO. STAT. ANN. § 35-21-102 restrictive as the original order the defendant; or (2015). of protection. (a) A person who is the victim of stalking as defined by W.S. Stalking Protection Order 6-2-506 may maintain a civil

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS (iv) Otherwise engaging in a (c) Willful violation of a action against an individual course of conduct that (a) A petition for an order of temporary order of protection who engages in a course of harasses another person. protection may be filed by a issued under W.S. 7-3-508 or conduct that is prohibited (e) A person convicted of victim of stalking, or the of an order of protection under W.S. 6-2-506 for stalking under subsection (b) district attorney on behalf of issued under W.S. 7-3-509 is a damages incurred by the of this section is guilty of the alleged victim… misdemeanor punishable by victim as a result of that felony stalking punishable by WYO. STAT. ANN. § 7-3-507 imprisonment for not more conduct. The aggrieved party imprisonment for not more (2015). than six (6) months, a fine of may also seek and be awarded than ten (10) years, if: not more than seven hundred exemplary damages, (i) The act or acts leading to fifty dollars ($750.00), or both. reasonable attorney's fees and the conviction occurred within A temporary order of costs of the action. five (5) years of a prior protection issued under W.S. WYO. STAT. ANN. § 1-1-126 conviction under this 7-3-508 and an order of (2015). subsection, or under protection issued under W.S. subsection (b) of this section, 7-3-509 shall have statewide Violation of Protection Order or under a substantially similar applicability and a criminal Penalty law of another jurisdiction; prosecution under this (ii) The defendant caused subsection may be (a) Any person who willfully serious bodily harm to the commenced in any county in violates a protection order or victim or another person in which the respondent valid foreign protection order conjunction with committing commits an act in violation of as defined in W.S. 35-21- the offense of stalking; the order. 109(a), is guilty of a (iii) The defendant committed (d) The remedies provided by misdemeanor punishable by the offense of stalking in W.S. 7–3–506 through 7–3– imprisonment for not more violation of any condition of 512 are in addition to any than six (6) months, a fine of probation, parole or bail; or other civil or criminal remedy not more than seven hundred (iv) The defendant committed available under the law. fifty dollars ($750.00), or both. the offense of stalking in WYO. STAT. ANN. § 7-3-510 (b) For purposes of subsection violation of a temporary or (2015). (a) of this section, “protection permanent order of protection order” means an order of issued pursuant to W.S. 7-3- Protection Order protection issued pursuant to 508 or 7-3-509, or pursuant to (a) Following a hearing under W.S. 35-21-104 or 35-21-105 a substantially similar law of W.S. 7–3–508(a) and upon a or any injunction or other another jurisdiction. finding that conduct order issued for the purpose WYO. STAT. ANN. § 6-2-506 constituting stalking or sexual of preventing violent or (2015). assault has been committed, threatening acts or the court shall enter an order harassment against, or contact of protection ordering the or communication with or respondent to refrain from physical proximity to, another

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STATE DEFINITION OF STALKING WHO QUALIFIES RELIEF AVAILABLE PENALTIES AND FOR AN ORDER? SANCTIONS any further acts of stalking or person, including temporary sexual assault involving the and final orders issued by civil victim or any other person. As and criminal courts, other than a part of any order of support or child custody protection, the court may orders, whether obtained by direct that the respondent: filing an independent action or (ii) Refrain from contacting, as a pendente lite order in intimidating, threatening or another proceeding so long as otherwise interfering with the any civil order was issued in victim of the alleged offense response to a complaint, and any other persons, petition or motion filed by or including but not limited to on behalf of a person seeking members of the family or protection. household of the victim, as the WYO. STAT. ANN. § 6-4-404 court may describe in the (2015). order. Prohibited contact under this paragraph includes telephone calls, mail, e-mail, texting, fax, contacting through social media using the internet or similar technology and any other form of communication. (b) The order shall contain a notice that willful violation of any provision of the order constitutes a crime as defined by W.S. 7–3–510(c) and can result in immediate arrest. Orders involving stalking shall also state that a violation may in some cases subject the perpetrator to enhanced penalties for felony stalking under W.S. 6–2–506(e). WYO. STAT. ANN. § 7-3-509 (2015).

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