A petition for stalking protection order may be filed (if the victim does not qualify for a domestic violence protection order):
- By a person who is a victim of stalking conduct
- On behalf of any of the following persons who is a victim of stalking conduct:
- A minor child, where the petitioner is a parent, a legal custodian or where the respondent is not a parent, an adult with whom the child is currently residing; OR
- A vulnerable adult as defined in RCW 74.34.020 and where the petitioner is an interested person as defined in RCW 74.34.020(10)
“Stalking Conduct” means:
Any act of stalking as defined under RCW 94.6.110: A person intentionally and repeatedly harasses or repeatedly follows another person, AND
- The person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person.The feeling of fear must be one that a reasonable person in the same situation would experience under all the circumstances; AND
- The stalker either: intends to frighten, intimidate, or harass the person; or knows or reasonably should know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person.
Any act of cyber stalking as defined under RCW 9.61.260: With intent to harass, intimidate, torment, or embarrass any other person, and under circumstances not constituting telephone harassment, the stalker makes an electronic communication to a person or third party:
- Using any lewd, lascivious, indecent, or obscene words, images, or language, or suggesting the commission of any lewd or lascivious act;
- Anonymously or repeatedly whether or not conversation occur; or
- Threatening to inflict injury on the person or property of the person called or any member of his or her family or household.
Any course of conduct involving repeated or continuing contact, attempts, or contact, monitoring, tracking, keeping under observation, or following another (person) that:
- Would cause a reasonable person to feel intimidated, frightened, or threatened and that actually cause such a feeling;
- Service no lawful purpose; AND
- The stalker knows or reasonably should know threatens, frightens, or intimidates the person, even if the stalker did not intend to intimidate, frighten, or threaten the person.
See the Washington State Legislature Statute here: RCW Chapter 7.92, Stalking