What legally counts as stalking in the USA?

Every state defines stalking as a pattern of two or more unwanted acts (following, watching, showing up, contacting) that would cause a reasonable person fear or substantial emotional distress. Federal stalking (18 U.S.C. §2261A) covers interstate and online conduct.

Should I send a letter before requesting a restraining order?

In most states, yes. Judges expect to see documented notice that the conduct was unwanted. A cease and desist letter plus the certified-mail receipt is the exhibit most petitioners bring to their emergency protective order hearing.

What about cyberstalking?

The same statutes apply. Online tracking, fake accounts, doxxing, and repeated social-media contact are all covered by 18 U.S.C. §2261A and your state stalking law. Our letter cites both and demands takedown of any impersonating profiles.

Do I need a police report first?

Not to send the letter. If you feel unsafe, file a report anyway so there is a criminal record; our letter references the report number when you have one.

What if the stalker is an ex-partner?

The letter still applies and is often the fastest path to a domestic violence protective order (DVPO). Do not go to their home to deliver it; use certified mail and email only.

Can I recover damages for stalking?

Yes. Most states allow civil claims for stalking with actual damages, punitive damages, and attorney's fees. Federal stalking convictions add restitution and can strip firearm rights.

How long should I give them to comply?

Zero tolerance from the date of the letter. Unlike commercial demands, stalking letters demand immediate and permanent cessation without a cure period.

Letter type

Stalking Cease and Desist Letter

A formal demand that puts a stalker on written notice, satisfies the 'reasonable person' knowledge element in every state stalking statute, and preserves your record for a protective order or federal charge.

For U.S. residentsMade in USALast reviewed: January 2026Reviewed by the StopAndDesist legal content team

When to use it

A pattern of following, showing up uninvited, watching, cyber-tracking, or unwanted contact from an ex, coworker, neighbor, or stranger.

What the letter contains

A chronological log of every incident, citation to your state's stalking statute plus 18 U.S.C. §2261A, an unequivocal demand for zero further contact of any kind (in person, phone, text, email, third-party, or online), and a warning about criminal referral and civil damages.

Safety planning

Do not deliver the letter in person. Use certified mail. Keep a copy of everything with a trusted third party. If you feel in immediate danger, call 911 first and use the letter as supporting evidence for law enforcement.

Next steps

Petition your county civil or family court for a stalking-specific restraining order. Bring the letter, the certified-mail return receipt, and your incident log. Every state offers same-day emergency (ex parte) protection for stalking victims.

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StopAndDesist provides self-help templates and is not a law firm. This page is information, not legal advice.