Information for Stalking Victims
Stalking is a crime of intimidation. Generally, stalking is defined as the willful or intentional commission of a series of acts which reasonably cause another person to fear death, criminal sexual assault, or bodily injury. Stalking is a Class 1 misdemeanor. A 1rd or subsequent conviction of stalking within 5 years is a Class 6 felony.
If a warrant is issued for stalking, the victim of a stalker can seek the issuance of an Emergency Protective Order (EOP) from a police officer or magistrate prohibiting the stalker from having any contact with the victim or the victim's family or household members as well as setting such other conditions as the magistrate deems necessary to prevent continued stalking or injury to the victim and/or property.
If the subject of a protective order violates the terms of the order he/she is guilty of a Class 1 misdemeanor and can be arrested immediately. If a person is free on bond from an arrest and he/she violates the terms of a protective order or commits a new offense, grounds would also exist to revoke the bond previously posted.
Emergency Protective Orders may be applied for by the victim or by a law enforcement officer on behalf of the victim. EPOs are good for 72 hours, however, they can be extended for up to 2 weeks (Preliminary Protective Orders) and ultimately up to 2 years (Permanent Protective Orders). Please contact the Victim/Witness Program at 804-633-8037 to have an advocate assist you in this process.
It is a felony for any person who is the subject of a protective order to purchase or transport any firearm while the protective order is in effect.