Legal System

The Stalking Law (MCLA 750.411h and 600.2950a)

As of January 1, 1993, stalking is a crime. It is defined as a pattern of two or more unwanted contacts that would cause fear or terror to a reasonable person and causes actual fear or terror to the victim.

This law makes it a crime to repeatedly threaten or intimidate someone or to make repeated unwanted contact that causes emotional distress. Unwanted contacts could be telephone harassment, coming onto your property or making threats.

The stalking section of the personal protection order can prohibit the following stalking behaviors (harassment that causes you to feel terrorized, threatened, intimidated, frightened or molested):

Following you
Approaching or confronting you in a public place or on private property without your consent
Entering into or remaining on property owned, leased or occupied by you without your consent
Contacting you by telephone, mail, or other communication without your consent
Placing an object on or delivering an object to property owned, leased or occupied by you

If the assailant violates the order, the police can arrest him immediately. If he is found guilty of violating the order, he could go to jail for no more than 93 days, and be fined no more than $500.

The orders are effective when signed by a judge, enforceable immediately anywhere in Michigan, and remain in effect for at least 182 days (six months). The order can be renewed if it is still needed. It is a good idea to reapply before the expiration date. The County Clerk's office is responsible for providing a copy of the order to the local police agency so it can be entered into the Law Enforcement Information Network (LEIN). This means that it will be in the computer system at the police department and the officer will have access to it in his or her patrol car.

What to Do if You're Being Stalked

Contact the police so they can begin investigating and compiling evidence.
Keep a record of dates and times at which you were called, followed or confronted and save any letters, gifts, or other items the person sends you.
Record all telephone calls from the stalker, if possible.
Point out the stalker to anyone who could serve as a witness, such as store security guards and get another person on the line if the stalker calls.
Alert neighbors and co-workers and give them a description of the stalker.
Get an unlisted phone number, change your locks, and if necessary, seek safe shelter (see Community Resources links)
Refuse to stay in contact with the stalker, even if they start acting "nice" and avoid encouraging them in any way.
Seek help and support.

Civil Restraining Orders

Sometimes a judge will issue a "Civil" restraining order. This can prohibit the same behaviors but offers less protection for you because if the assailant violates this restraining order, he cannot be immediately arrested. It can be written, however, to prohibit a broader range of behaviors than the criminal order. For example, it can prohibit things like taking your property or coming to your child's school.

If the assailant violates a civil restraining order, the police cannot arrest. They may discourage him from being there or may take a report. You must then file a motion for hearing on the violation. At the hearing , the assailant must show that he did not violate the order. If the assailant is found in contempt of court, he can be punished by a fine of up to $250, 30 days in jail or both.

Usually a personal protection order is more appropriate and more helpful in your situation. If you have an attorney, you should consult him or her for advice.