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Legal Information: Idaho

Restraining Orders

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November 7, 2023

What is the legal definition of stalking in Idaho?

Stalking is 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)