What Do I Do If I Am Being Cyberstalked?

Cyberstalking is when someone uses technology or electronic communications like social media or text messaging to track another person in order to harass, intimidate, injure, or even kill them.

“For the most part, you hear ‘cyberstalking’ used more with adults,” says Terry Sanks, an intellectual property attorney with Beusse Sanks in Orlando, Florida. “There’s a breakup in a relationship, and whoever feels scorned is the one who is stalking the other person. ‘Cyberbullying’ you hear more with respect to kids, where they’re doing something online to be mean.”

While each state has its own version of cyberstalking laws, there are some common elements. Typically, states require a continuous use of technology illegitimately directed at a specific person with the intent to cause fear or emotional distress.

For personalized legal advice on how to protect yourself from cyberstalking, reach out to an attorney with experience helping people in domestic violence cases and obtaining restraining orders.

Examples of Cyberstalking Behaviors

Cyberstalking involves the use of technology to track or monitor someone else in order to harm them. In many cyberstalking cases, the parties know each other, though the perpetrator and victim could be strangers.

Proving a cyberstalking crime can be challenging. Some states have specific cyberstalking statutes, while others categorize cybercrimes under existing statutes that prohibit stalking, harassment, or domestic violence.

A common example of cyberstalking is repeated and unwanted contact through email, text, or social media. The cyberstalker may try to hack or install spyware on the victim’s devices, try to access GPS data, or use apps to track movement.

“When I grew up, [bullying] occurred, but it happened more at school, physically,” says Eric “E.J.” Hubbs, a criminal defense attorney at Hubbs Law in Miami. “Now, it’s evolved to that happening on Facebook, on Snapchat, through text messages, the creation of a web page or weblog assuming the identity of another person.”

Immediate Steps To Protect Yourself Against Cyberstalking

Victims of cyberstalking can take several immediate steps to protect themselves:

• Stop communication. After ceasing online communication with the stalker, report harassing activity to social media platforms. This triggers a review of the stalker’s account that can result in removal or suspension. Use the block or mute to silence the online harassment. Set all social media accounts to private and remove or hide your personal information.

• Secure accounts and devices. Online security is essential for limiting a stalker’s access to your life. Change your password for all online accounts, including home Wi-Fi. Use strong, unique passwords and, if possible, enable two-factor authentication. If you suspect a device is compromised, consider resetting it. Run an anti-virus program to detect and remove any spyware that may be present on your devices.
• Form a safety plan. For example if the stalker knows your place of work, alert the employer’s security or HR department so they can monitor or assist. Determine safe places you can go if you feel threatened, such as a friend’s house. Always carry a charged phone and ensure quick access to emergency numbers, including law enforcement.
• Contact victim helplines. Organizations like the National Domestic Violence Hotline can serve as a resource center to provide safety tips. Contacting these services can help victims address their safety concerns and needs.

How To Gather and Preserve Evidence of Cyberstalking

“Proving these cases is often very difficult,” says Hubbs. “A lot of times, it’s not necessarily that smoking gun of ‘I’m going to kill you’ or ‘I’m gonna fight you after school.’ It’s communicating with someone 100 times over one to two months and writing mean things about them online. The case is driven by paperwork.”

Be sure to gather and preserve evidence of the cyberstalking:

• Avoid deleting messages or accounts that may contain valuable proof
• Save voicemails and any other video or audio communications received
• Take screenshots of the account sending the messages or making comments
• Save phone numbers and any other contact information that can help identify the sender
• Take screenshots of all text messages, social media comments, and DMs, including date, time, and sender

Back up evidence in multiple secure locations and ensure backups are stored securely.

“Preserve the evidence. Take screenshots, take pictures, and save the files so that it’s easily presented to law enforcement or the court,” says Jay R. Rooth, a criminal defense lawyer at Moses and Rooth Criminal Defense Lawyers in Orlando. “Organize it clearly for law enforcement so they’re not scrolling through 500 messages to find the one with the physical threat.”

Reporting Cyberstalking to Law Enforcement

Filing a police report helps preserve evidence and creates an official record of the cyberstalking. Police reports can trigger a criminal investigation and are often necessary for restraining orders or later civil claims.

Save the police report and contact info of the assigned investigator. Investigations can take anywhere from days to months, depending on their complexity, the presence of cross-jurisdictional issues, and the agency’s caseload.

Obtaining a Restraining Order for Cyberstalking

Victims of cyberstalking can obtain a restraining order through civil court. A restraining order provides immediate legal protection, including mandated restrictions on the stalker’s contact, movements, or communications with the victim.

Some courts may require you to show repeated acts of cyberstalking. Other courts require that the person petitioning for a restraining order be in immediate danger. Generally, the victim must apply for protection in the jurisdiction where the stalking takes place. They must include the type of protection they are seeking and evidence showing why they are seeking the protection.

In many cases, a temporary order is granted immediately. After that, a full hearing is scheduled for a permanent or longer-term restraining order. The defendant is served with the temporary order and notice of hearing. The judge will hear from both parties during the hearing and make a ruling. If deemed necessary, the court will issue a permanent or temporary protective order.

Restraining orders often take effect immediately or soon after filing, and it forms a foundation for law enforcement if the stalker continues the behavior. Violating a protective order can have severe criminal consequences, including fines and imprisonment.

Civil Lawsuits for Cyberstalking

In addition to criminal charges against cyberstalker, victims may also be able to bring a civil lawsuit for financial compensation.

Several possible claims commonly arise in a civil cyberstalking case, including:

• Intentional infliction of emotional distress (IIED). The cyberstalker’s actions are outrageous or extreme and cause the victim’s emotional distress.
• Invasion of privacy. Includes the public disclosure of private facts, intrusion on another’s private affairs, or using another’s likeness. Injunctive relief can be helpful in this situation. The court issues an order for the defendant to remove any private information about the victim they’ve posted.

If a victim has a successful civil claim, the court may award economic, non-economic, special, or punitive damages. The amount and type of damages will depend on the claims made and the evidence provided to prove damages.

Find Legal Help

No one should have to live in fear of digital harassment. Facing a cyberstalker can feel isolating, but the law provides tools to help victims regain control. Legal remedies exist to stop the harassment and hold the offender accountable. A knowledgeable lawyer can guide you through each stage, coordinate with investigators, and advocate for your safety in and out of court.