Restraining Orders

This section defines stalking for the purposes of getting a protection order.

Stalking happens when an abuser intentionally and maliciously engages in a “course of conduct” that:

• seriously alarms, annoys, or harasses you, and would cause a “reasonable person” to feel substantial emotional distress; or
• would cause a “reasonable person” to fear that s/he or his/her family or household member will be killed or physically injured.¹

A “course of conduct” means that the abuser repeatedly made unwanted (“nonconsensual”) contact with you or your family or household members.² In other words, the abuser’s contact with you or your family or household members:

• began or continued without your consent;
• went beyond the scope of any contact that you agreed to; or
• happened even though you specifically asked the abuser to not contact you or to stop contacting you. ³

Some examples of “nonconsensual contact” include, but are not limited to:

• following you or keeping surveillance on you, electronic or otherwise;
• contacting you in a public place or on private property;
• showing up at your home or workplace;
• entering onto or staying on property that you own, lease, or occupy;
• contacting you by telephone;
• causing your telephone to ring repeatedly or continuously whether or not s/he says anything over the phone;
• sending you mail, email, or other electronic communications; or
• placing an object on, or delivering an object to, property that you own, lease, or occupy.³

¹ I.C. §§ 18-7905(1); 18-7906(1)
² I.C. § 18-7906(2)(a)
³ I.C. § 18-7906(2)(c)