Civil Stalking Injunctions

A Petitioner may obtain a Civil Stalking Injunction if:

1. Petitioner believes Respondent will try to physically hurt Petitioner, and/or
2. Petitioner believes Respondent will cause Petitioner emotional distress, and
3. Respondent has already done either of these things at least twice in the past.

The appropriate court to file a Request for Civil Stalking Injunction is a District Court in the county where:

• Petitioner lives,
• Respondent lives, or
• Where the acts by Respondent occurred.

Petitioner may include immediate relatives or household members in Petitioner's Request for Civil Stalking Injunction.

The Court may issue an injunction if Respondent has, on two or more occasions, intentionally caused Petitioner or a member of Petitioner's household or immediate family to fear bodily injury, and/or has caused Petitioner or a member of Petitioner's household or immediate family to suffer emotional distress.

Physical assault would cause a reasonable person to fear bodily injury, and includes such things as:

• unwanted touching
• hitting
• slapping
• punching
• grabbing
• fondling
• rape
• any other unwanted physical contact that offends most people

Behaviour which might cause emotional distress to a reasonable person includes:

• persistent unwanted phone calls
• threatening letters or emails
• following Petitioner to work, home, or other places
• other harassment which would cause most people emotional distress

The two acts of stalking do not need to be identical. For example, if Respondent hit Petitioner on one occasion and made a threatening phone call at another time, two acts of stalking have been committed and Petitioner may file a Request for Civil Stalking Injunction.

The Court needs to have evidence of stalking before it will issue a Civil Stalking Injunction. Petitioner must attach copies of Petitioner's evidence to Petitioner's Request for Civil Stalking Injunction.

Evidence is such things as:

• police reports
• threatening letters or emails from Petitioner
• notarized statements by people with personal knowledge about the stalking
• transcripts of audio or video recordings of the stalking
• etc.

Finally, Respondent must know that Respondent's acts of stalking are likely to cause Petitioner fear or emotional distress.