A civil stalking injunction is a legal document that is meant to protect a victim of stalking. It may include orders that prevent your stalker from contacting you, harassing you in any way, and staying away from your home and/or place of employment. Although a civil stalking injunction is a civil order, if the provisions are violated, it may be enforced by the police, because the violation is a crime.
Anyone who has been a victim of at least two (2) incidents of stalking and has experienced fear or emotional distress from the stalking may file for a civil stalking injunction. However, if you are a minor child (younger than 18), you will have to file with a parent or guardian. In addition, a parent or guardian may file a civil stalking injunction on behalf of a minor child even if the minor child does not want to file.
In general, stalking is actual or implied repeated visual or physical proximity or repeated verbal or written threats. More specifically, stalking is any intentional conduct which would cause a reasonable person to:
- Have or fear bodily harm to either him/herself or his/her immediate family; or
Suffer emotional distress him/herself or cause his/her immediate family to suffer emotional distress.
A civil stalking injunction may last up to three (3) years but the person who filed may ask that it be dismissed at any time. Also civil stalking injuctions are usually enforceable statewide. If you are interested in obtaining a civil stalking injunction, call TR Spencer & Associates, P.C. so that an experienced attorney can help you.