Stalking and Protective Orders
It is against the law for someone:
To follow you around or show up at your home, work, school, or other place where you are, making you afraid for your own or your family’s safety. (This has to happen more than once, unless a protective order or bail conditions are in place, and the behavior would make a “reasonable person” afraid.)
To follow you around even once, or show up at your home, work or other place described in any protective order or bail order you have against him/her.
To threaten you or your family with death or bodily injury, or to injure your family pet(s); or
To damage your residence or property or your family’s residence or property; or
To place objects on your property or your family’s property.
If you think someone is doing any of these things to you, call the police right away. The police can arrest the person responsible for one of these acts if the officer has probable cause to believe they happened within the past twelve hours. The police can make an arrest even if they did not see the person follow, threaten or intimidate you. If you have protective orders already in place, the police must arrest him or her.
If you are being stalked, you can get a protective order under the same procedures as victims of domestic violence. You do not have to have had any kind of relationship with the stalker to get protection. You should go to the District Court in either your county, or the county where the stalker lives. Follow the other steps outlined in this brochure for the domestic violence petition or the Protective Orders section of this website, but let the clerk know you would like to file a civil petition for protective orders from stalking.
In a civil petition for stalking, just as in the domestic violence petition, provide as much detail as possible about the dates, times, and locations the stalking has occurred. Describe each stalking incident in detail, especially any particularly disturbing actions and behaviors of the stalker. If you feel that you are in immediate danger, tell the clerk and ask for emergency orders. Be sure to include any previous or current history of contacts with the stalker or episodes of abuse in the petition.
Language
If English is your second language or you don’t speak any English, you have a right to request an interpreter to assist you with the police and in any court proceedings. Make sure to let the police and/or the court know that you need an interpreter to help you.
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Date: March 16, 2017Author: NHLA