Restraining Orders

For the purposes of getting an anti-stalking order (ASO), stalking is when:

1. someone does two or more of any of the following acts against you, which is known as a “course of conduct”:

• follows you, monitors you, or places you under surveillance;
• threatens you, or communicates to or about you;
• interferes with, damages, or takes your property;
• damages or enters your home illegally; or
• uses your personal identifying information;¹ and

2. one of the following is true:

• The stalker must intend to make you:
  
  • fear for your safety or the safety of another person;
  • feel seriously alarmed, disturbed, or frightened; or
  • suffer emotional distress; or
• The stalker must know that the course of conduct would reasonably make you:
  
  • fear for your safety or the safety of another person;
  • feel seriously alarmed, disturbed, or frightened; or
  • suffer emotional distress; or
• The stalker should know that the course of conduct would make a reasonable person in your circumstances:
  
  • fear for their safety or the safety of another person;
  • feel seriously alarmed, disturbed, or frightened; or
  • suffer emotional distress.²

At least one incident of the course of conduct must have happened in the 90 days before you file for an anti-stalking order.³ If the stalker’s conduct is continuing, then each 24-hour period is considered a separate incident.⁴

Note: It’s important to know that this law cannot stop someone from doing or saying something just because it’s upsetting to you. Generally, this law can restrict speech that is considered a threat, obscenity, defamation, fraud, incitement, or speech integral to criminal conduct. Otherwise, it might be regarded as constitutionally protected free speech under the First Amendment.⁵ If you are not sure whether this exception applies in your case, you may want to speak to a lawyer.

¹ D.C. Code § 22-3132(8)
² D.C. Code § 22-3133(a)
³ D.C. Code § 16-1062(a)
⁴ D.C. Code § 22-3133(c)
⁵ D.C. Code § 22-3133(b); see also Mashaud v. Boone, 295 A.3d 1139 (D.C. 2023)