Understanding Stalking: Information and Action Items
by Sherri L. Renner, J.D. | January 17, 2026
Stalking is one of the ways abusers attempt to control, terrorize, and remain in contact with victims-survivors.
Before we continue, please note I didn’t intend to be glib when I decided to use corn stalks for the image to associate with this article, but, frankly, all the ways I attempted to depict the kind of stalking we’re focusing on here felt too emotionally charged, too menacing, and I didn’t want them on this website. I hope you’ll forgive me if you find it offensive.
January is National Stalking Awareness Month. It’s a good time to review what stalking is and the risks and legal protections available to those who are targets. At the end of this article, we list some steps you can take to stay safe.
Stalking Stats
Stalking is more common than many realize. According to the Centers for Disease Control and Prevention 2023/2024 report, more than 1 in 5 women and 1 in 10 men have experienced stalking during their lifetimes. Other organizations report even higher rates (e.g., this post from the Nat’l Network to End Domestic Violence).
In the context of abusive intimate partner relationships, stalking can occur both during the relationship and after survivors leave. In many cases, stalking intensifies after leaving and can increase, rather than decrease, over time.
Studies* of women who left violent relationships found that stalking increased with the length of time since separation, challenging the assumption that distance and time provide safety. Among intimate partner stalking victims, roughly 79% experienced stalking after or during the separation process, not just before it.
*Sources:
Mechanic, M.B., Weaver, T.L., & Resick, P.A. (2000). “Intimate Partner Violence and Stalking Behavior: Exploration of Patterns and Correlates in a Sample of Acutely Battered Women.” Violence and Victims, 15(1), 55-72. https://pmc.ncbi.nlm.nih.gov/articles/PMC2977930/
Logan, T.K., Shannon, L., & Cole, J. (2007). “Stalking Victimization in the Context of Intimate Partner Violence.” Violence and Victims, 22(6), 669-683.
National Institute of Justice (NIJ) research noting that approximately half of women seeking protective orders report being stalked: https://nij.ojp.gov/topics/articles/perspectives-civil-protective-orders-domestic-violence-cases-rural-and-urban-divide
"Stalking" Defined
For purposes of criminal and civil legal liability, stalking laws vary from state to state. Generally, the stalking conduct that can result in criminal or civil legal sanctions is:
A pattern of repeated, unwanted behavior directed at a specific person that would cause a reasonable person to feel fear for their safety or the safety of others.
The key elements that typically define stalking are:
- Pattern of conduct: Usually requires multiple incidents (most states require at least two), not just a single event
- Intentional and directed: The behavior is purposeful and targeted at a specific victim
- Unwanted: The victim has not invited or consented to the contact or attention
- Causes fear: The conduct causes the victim to feel frightened, threatened, harassed, or concerned for their safety (or the safety of family members)
- Reasonable person standard: The fear experienced would be reasonable—meaning an average person in similar circumstances would also feel afraid
The behavior itself can take many forms, including:
- Following or surveilling someone
- Repeated unwanted contact (calls, texts, emails, messages)
- Showing up uninvited at someone’s home, workplace, or other locations
- Sending unwanted gifts or items
- Monitoring someone’s activities, including online
- Making threats (direct or implied)
- Using technology to track or monitor (GPS devices, spyware, etc.)
- Enlisting others to gather information or make contact
What distinguishes the offense of stalking from isolated incidents is the pattern that creates an ongoing sense of fear or lack of safety for the victim.
Stalking laws require a pattern of conduct rather than a single act because individual behaviors that constitute stalking (like sending a message or showing up somewhere) are often lawful in isolation. The pattern requirement helps distinguish criminal stalking from constitutionally protected conduct while recognizing that the repetition of acts changes both their gravity and their nature, creating the cumulative psychological harm that defines stalking.
Sources:
Purcell, R., PhD, Michele Pathé, M., MBBS, Mullen, P.E., DSc, (2004). “Stalking: Defining and Prosecuting a New Category of Offending.” International Journal of Law and Psychiatry, Vol. 27 Issue 2, March–April 2004, pp. 157-169 https://www.sciencedirect.com/science/article/abs/pii/S016025270400007X
Domestic Violence, Stalking, and Antistalking Legislation: An Annual Report to Congress under the Violence Against Women Act, a Publication of the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice, April 1996. https://www.ojp.gov/pdffiles/stlkbook.pdf
State v. Shackelford, 825 S.E.2d 689 (N.C. 2019)
Federal Protections
At the federal level, the Violence Against Women Act (VAWA) includes provisions addressing stalking, particularly when it involves crossing state lines or uses electronic communications. The Interstate Stalking Act makes it a federal crime to travel across state lines with intent to injure, harass, or intimidate another person, or to use interstate facilities (like phones or the internet) to engage in conduct that places someone in reasonable fear of death or serious bodily injury.
State-Level Laws
Every state now has anti-stalking laws, though they vary in scope and definition. As noted above, most if not all states define stalking as a pattern of behavior that would cause a reasonable person to feel fearful. Many states have enhanced their laws in recent years to explicitly include cyberstalking and technology-based surveillance.
State remedies typically include both criminal prosecution and civil protective orders. Criminal stalking charges can range from misdemeanors to felonies depending on factors like prior offenses, violations of protective orders, or credible threats of violence. Civil protective orders can prohibit contact, require the stalker to stay away from specific locations, and in some jurisdictions, can address technology-based stalking by requiring the removal of tracking devices or surrender of passwords.
Take Action
Establish boundaries clearly. Make one clear statement that contact is unwanted, then cease all communication. Never respond again—any response encourages continued contact. Block all phone numbers, emails, and social media accounts.
Document everything. Keep a detailed log of every incident with dates, times, locations, and witnesses. Save all texts, emails, voicemails, photos, and gifts as evidence. Take photos of the stalker, their vehicle, and any property damage. Include a written description of the incident. Use technology such as the Evidentiary Abuse Affidavit, or Google Docs or Word on your mobile phone (you can even use voice to text), or any other tech tools that you feel comfortable with and which are flexible enough so you can easily share your documentation with others and can use it to show patterns.
Secure your technology. Change all passwords using a password manager and enable two-factor authentication. Check devices for spyware by conducting factory resets if needed. Review location-sharing settings, cover webcams, and search for hidden GPS trackers or cameras. Don’t immediately remove tracking devices, just document them first.
Enhance physical security. Install deadbolts, security cameras, and motion-activated lights. Change your locks and vary your daily routines (take different routes to work, shop at different stores, travel at different times). Park in well-lit, populated areas and keep your phone charged.
Protect the workplace and school. Notify employers and schools, provide security with the stalker’s photo and a copy of your protective order if you have one, and ask someone to escort you to your car. Ensure schools don’t release children or your contact information without verification.
Build a support network. Tell trusted friends, family, neighbors, and coworkers what’s happening. Share the stalker’s photo with people who can watch out for you. Don’t keep stalking secret because isolating yourself helps the stalker. Work with a victim advocate to develop a personalized safety plan.
Prepare for emergencies. Pack an escape bag with important documents, cash, medications, and keys. Identify safe places and plan multiple escape routes. Create a code word with trusted people that means you need immediate help.
Obtain a protective order. Protective orders create legal teeth. Law enforcement will know that your case has already been made to the judge who signed the order. Each violation can be prosecuted as both contempt and stalking. Penalties escalate from, for example, a misdemeanor for an initial stalking charge to a felony for stalking in violation of a protective order.
Here are some additional resources:
- Victim Connect, which is a project of the National Center for Victims of Crime
- What to do if you are being stalked, a resource page by SPARC (Stalking Prevention, Awareness, & Resource Center)
- The National Domestic Violence Hotline (1-800-799-7233)
Stalking is serious, but there are legal protections and steps you can take to help keep you safe.
This information is for educational purposes and doesn’t constitute legal advice. Laws vary by state and situation. For specific guidance about your case, consider consulting with an attorney or a domestic violence legal advocate in your area.
If you’re in immediate danger, please call 911 or your local emergency services.
Copyright © 2026 by Sherri L. Renner, J.D. | All rights reserved
About the Author
Sherri Renner, J.D., is the founder of LawYou America. She fully dedicates her education and years of litigation experience to helping the self-represented.
