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Legal Information: Idaho

Restraining Orders

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October 10, 2019

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 be in fear of his/her own death or physical injury or in fear of a family or household member’s death or physical injury.1

A “course of conduct” means that the abuser has repeatedly made “nonconsensual contact” with you or your family or household members.2 In other words, the contact began or continued without your consent, went beyond the scope of any contact that you did consent to, or it happened even though you specifically asked that s/he not contact you or stop contacting you (if at first you were OK with it). Some examples of “nonconsensual contact” include, but are not limited to:

  • following you or maintaining surveillance (electronic or otherwise) on you;
  • contacting you in a public place or on private property;
  • appearing at your home or workplace;
  • entering onto or remaining on property owned, leased, or occupied by you;
  • contacting you by telephone or causing your telephone to ring repeatedly or continuously regardless of whether 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 owned, leased, or occupied by you.3

1 I.C. §§ 18-7905(1); 18-7906(1)
2 I.C. § 18-7906(2)(a)
3 I.C. § 18-7906(2)(c)