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Just Stalking
  • Home
  • About
    • About Just Stalking
    • History/Development
  • "I have a stalker!" Steps
    • Just Quick Steps & Logs
    • Just Six Stages
    • Red Flags & Violence
    • Victim & Stalker Profiles
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They never showed up on time. It would take the police like 2 or 3 hours to get there and I would be like, dang, I have a record down there with this man, and I could be dead or anything. and there was a police station right around the corner from where I lived.


Logan, et al., 2006, p. 268

Criminal Justice System

Police

Logan, et al. (2006) reported that while stalking victims reports to the police vary, their interactions do as well. Their study with partner-victims found that 47% reported at least one positive police interaction; however, 87% reported at least one negative one. Reasons ranging from not helpful, to blaming, to direct negative consequences. Ineffectual responses were ascribed to the stalker not being present, being advised to pursue other CJS avenues, and not reporting a physical injury.

Peace & Protective Orders (PPOs)

Logan, et al. (2006) found 55% of their partner-stalking victims had protective orders at some point. However, only 32% of these victims had learned about PPOs through the police, 24% had learned of them through DV shelters, 18% learned of them through friends or relatives, 12% learned of them through social workers or other professionals, 3% learned of them through work 12% could not recall where they had learned about them (Logan, et al., 2006). Aproximately half of those who obtained the order found the process easy, and the order effective. The other half, reported that the behavior did not change, and the stalker was never held to account on their violations with the judges.

Stalkers can attempt to obtain protective orders on their victims, this is referred to as a "mutual protective order." The frequency that this occurs is unknown. When this happens it can create another legal complexity, in that the stalker can claim that when they are violating the order, in fact the victim caused the violation (Logan, et al., 2006).

Link: Domestic Violence – Peace Orders

Criminal charges

Stalkers are often charged with criminal offenses related to stalking, such as harassment, menacing, threatening, vandalism, trespassing, breaking and entering, robbery, disorderly conduct, intimidation, and assault (Logan, et al. 2006). In Maryland there are a number of charges that can be levied against a stalker. This includes violating their PPO as well as stalking. Logan, et al. (2006) found that 76% of the partner-stalking victims in their study had filed a violation of the PPO. Most often, stalking charges are dismissed.

Deborah was charged with disorderly conduct[....] During the next 12 months, Betty filed seven lawsuits against Deborah and four against Dave[....][Betty] also continued to besiege Dave with convoluted letters [...]"I have never loved anyone the way I love you[...]"


Gorss, 2012, p. 72

Frequently Asked Questions

Please reach us at info@juststalkingmdresources.org if you cannot find an answer to your question.

As a victim in the case you usually do not need a lawyer to file a peace or protective order (PPO). Nor do you require a lawyer during the criminal process. However, if you are proceeding through the civil courts due to the behaviors, you may need or want a lawyer. We have provided links below.


In extreme cases, you might need to send a letter against a stalker, or on behalf of your staff to protect their safety and well-being.

If someone is hurting you, or your business, one option is to send a cease-and-desist letter (also known as a “demand letter”). This letter informs the stalker of their harmful action and warns them of the potential legal consequences of failing to stop. This can help avoid the need further legal action and bring matters to a resolution. Your letter can also serve as evidence in subsequent legal proceedings.

However, these letters do not have direct legal consequences, but are a reasonable first step.

Effective cease-and-desist letters include:

  • A thorough yet concise and clear description of the activity that must be stopped
  • The legal basis for your claim
  • The consequences if the recipient of the letter fails to comply
  • A deadline by which the activity must stop
  • Your contact information (or the contact information of your attorney)

Mail the letter by certified mail, return receipt requested, so you can be sure the other party received it.

Having an attorney send the letter on your behalf can add force to the letter and let the recipient know that you are serious about protecting your rights and pursuing legal remedies.


  • In Maryland, a cease and desist letter can be written by either you or a lawyer (Emden Law, 2024).
  • In Maryland, our Harassment law requires the victim to request the harasser to stop the harassment before the victim has the right to file a restraining order in Court. However, this is not a requirement in the Stalking statute.


It’s a crime to violate certain conditions of a protective or peace order (PPO), such as contacting, harassing, or abusing someone. File criminal charges at a commissioner’s office or call police, who may arrest someone who violates an order. If found guilty, they face up to 90 days in jail and up to $1,000 in fines.


If they continue to disobeys the PPO you have the option of filing a petition of contempt. File for contempt if a Respondent violates any provision of the protective order. Submit a Petition for Contempt (found below) and ask for a hearing. There is no specific penalty if the court finds someone in contempt, but a judge may order whatever is necessary to enforce a protective order. This may include jail time.


If the order has not expired, you can ask the court to modify or change it. That includes asking to rescind or extend it.  Submit a Petition to Modify, Rescind, or Extend to the clerk (found below) who will notify the Respondent and schedule a hearing within 30 days. There are specific rules about notification and extending a PPOs. You may consider talking with a lawyer.


Stalkers may attempt or succeed in using private or public resources to pursue the victim. This can include law enforcement, investigative services, and the criminal justice system. Stalkers may file lawsuits or attempt to file their own PPOs against victims. If someone filed for a peace order or protective order against you, and the case was dismissed, or you consented to the order, you may be able to shield the case. Learn more below.


  • Both can be filed at District Court, however only Protective orders can also be filed at Circuit Court.
  • Eligibility for a peace orders include anyone who is a victim of abuse. To learn about eligibility requirements for Protective Orders please see the 'DV/IPV & Intrafamilial - Partner Stalking' Tab.
  • In protective orders, abuse includes any act that causes serious bodily harm, puts the victim in fear of imminent serious bodily harm, assault, a sexual offense, stalking or false imprisonment. The definition is broader for peace orders and includes the above actions in addition to harassment, trespassing and the malicious destruction of property. Peace orders can also be used for cyberstalking.
  • Protective orders and peace orders have different time requirements for relief. Peace orders, the act must have occurred within 30 days of the filing date. For peace orders, you also must be able to prove that the act occurred and that there is a high likelihood of it reoccurring (burdens not necessary for protective orders).
  • When you file, you may be granted an interim or temporary order that will take effect until the case can be formally decided. Temporary orders typically only last 7 days, but could be extended to 30 days depending on circumstances and the ability to serve the order. A final protective order can last up to 365 days, typically with an option an extension. In specific cases, you could be eligible for a 2-year order or permanent protective order. Peace orders last any period up to 6 months and can have a 6-month extension.
  • Protective orders offer more extensive zone of protection: the accused must stay away from the petitioner’s children’s school and other places they frequent. Complete surrender of firearms in the respondent’s possession


A peace order issued during non-court/business hours by a District Court Commissioner. An interim order is issued when the courthouse is closed. This usually occurs on weekends, holidays, or after 4:30 pm on weekdays (Emden Law, 2024).


When you first file for a Peace Order, if your petition is granted, you will get a Temporary Peace Order. This Order becomes effective once it is served on the respondent (opposing party) and is valid until the final hearing is held (usually within 7 days).


Once the temporary peace order (TPO) is issued, the court gives it to local law enforcement to be served on the respondent. The order becomes effective only once it is served, and it prohibits the stalker (respondent) from contacting you (the petitioner). 

A final hearing will be scheduled about seven days from the issuance of the TPO. Both parties have a right to be present at the final hearing. You have the right to an attorney, but it is not required. Your stalker may have a lawyer, but this is not an expectation or requirement. If the judge finds by a preponderance of the evidence that they committed the offense of stalking (or another crime) against you (the petitioner), then they will issue a final order (Emden Law, 2024).

A final Peace Order generally lasts up to six months from the date of the final Peace Order hearing  An Order can also be extended for good cause.


Barriers to the CJS

Affordability

Logan, et al. (2006) found that 15% of their partner-stalking victims had difficulty covering the cost of lawyers, filings, and fees; such as process servers. However, this is not just a problem in DV cases as Gross (2012) stalking can spill over into criminal and civil cases for the victim as well.

Link: Maryland Legal Aid

Availability

Partner stalking victims experienced barriers in receiving support from the CJS in terms of response times.

They also experienced barriers regarding transportation to court appearances.

Accessibility

Accessibility

Almost half of the partner-stalking victims experienced barriers regarding bureaucracy, politics, and/or their own lack of knowledge with the CJS.

Acceptability

Acceptability

Accessibility

Logan et al. (2006) found that almost all the partner-stalking victims mentioned at least one barrier in this category. The majority of the women's position was that the system is ineffectual and incapable to properly handle the stalking. Additionally, there is a sense of fear that they won't be believed or worse, could be blamed or ignored. 

Consequence

Acceptability

Other Barriers

There are again, concerns of consequences such as losing custody, being arrested. Some consequences are less "serious," but could have other types of ramifications, such as embarrassment.

Other Barriers

Acceptability

Other Barriers

Other victims may not believe their situation is serious enough to warrant intervention. While others may be experiencing other barriers such as a lack of resources or service connections.

They told me the classic line: 'until he does something more, like assault you, there's nothing we can do.'


Gross, 2012, p. 101

Peace and Protective Order Barriers

Research has found that in some cases pursuing a PPO can decrease violence, however, others do continue to experience violent episodes, (Hefner, et al., 2021). Most research has looked at IPV/DV protective orders which has found anywhere between, 23%-79.6% of violations. These reports are generally made following "severe" violence,  as enforcement of PPOs is often inconsistent and insufficient, only few result in arrest, having no significant impact on conviction rates  (Hefner, et al., 2021, p. 1380). Some victims chose not to pursue PPOs due to limited enforcement, this experience and perception can impact one's "legal consciousness," which is a persons attitude and view of the law (Hefner, et al., 2021).  

See: PPOs

[...] what the officer said is "its just a useless piece of paper because he was never served" and nothing was ever done to enforce him being served.


Hefner, et al., 2021, 1385

Barriers

Nature of Contact & Threshold for Reporting

Nature of Contact & Threshold for Reporting

Nature of Contact & Threshold for Reporting

PPOs don't just cover physical proximity. Telephone, email, social media is all a form of contact and should be reported. If the stalker is incarcerated,  hospitalized, or otherwise institutionalized, these are all forms of contact. Even if they do not speak (such as breathing, or liking a post). If they use proxy contact, or contact a secondary-victim. "Ignoring" calls, emails or social media does is still a violation. Even if it is not a threat.

Contact about topics not allowed, i.e., if you have to share custody or remove property, that is not a time to discuss other topics, this is a violation.

Institutional Barriers

Nature of Contact & Threshold for Reporting

Nature of Contact & Threshold for Reporting

PPOs may not be served in a timely manner, or there may be jurisdictional barriers,

Some victims may not be aware of the process of reporting.

Some officers may not be aware of how to address PPO violations.

The court may not impose sanctions for the violations.

Link: PETITION FOR CONTEMPT (Violation of Protective Order)

Imbalance of power

Nature of Contact & Threshold for Reporting

Imbalance of power

Victims, particularly female, describe how violators are continually given the benefit of the doubt within the legal system, as well as ample opportunity to manipulate. Therefore, without physical evidence they did not report PPO violations because they did not have 'proof.' Therefore, blocked calls were harder, if not impossible to report.

"[...] prosecutors and law enforcement officers often become the link between the stalker and his target."


Schell and Lanteigne, 2000, p. 154

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Prosecuting stalkers

Obstacles that prosecutors most commonly face in stalking cases

Resources

News, articles, & more
Link: The Maryland Chiefs of Police AssociationLink: Maryland court help - Finding Legal HelpLink: PETITION TO MODIFY, Rescind, or EXTEND PROTECTIVE ORDERLink: shield peace order and protective order
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Just Stalking: Resources, Inc. is a nonprofit, tax-exempt 501(c)(3) organization (EIN: 93-4264447).

Disclaimer: We are NOT a legal, mental health, medical, victims' advocate provider(s). We are NOT certified educators, financial experts, security specialists, or self-defense experts. While some of our staff may have training, background, or experience in legal, mental health, medical, victims' advocacy, education, financial, security, or self-defense fields pertaining to Maryland, none of our staff is currently, licensed, or certified specialists in the aforementioned fields. WE ARE NOT PROVIDING ADVICE, IN SUCH FIELDS. OUR GOAL IS TO DIRECT VICTIMS TO APPLICABLE PROVIDERS, PROVIDE FEEDBACK BASED ON PERSONAL EXPERIENCES, USING RELEVANT EVIDENCE-BASED RESEARCH & PRACTICES. WE WILL DO OUR BEST TO PROVIDE RESOURCES FOR ALL AFOREMENTIONED TIPS. IF YOU ARE IN DISTRESS PLEASE CALL 911.

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