Washington's Stalking Laws: What Victims Need to Know and How the Law Protects You

By Chad Foster, Family Law Attorney · Updated July 16, 2026

Stalking is not always easy to recognize in the moment. It often starts with behavior that feels uncomfortable but hard to name: someone showing up where you are too often, messages that don't stop after you've asked them to, a feeling of being watched that you can't quite shake. Washington law takes these patterns seriously, and it provides victims with both criminal protections and civil legal tools that can meaningfully change their situation.

How Washington Defines Stalking

Under RCW 9A.46.110, a person commits the crime of stalking when they intentionally and repeatedly harass or follow another person, the victim is placed in fear that the stalker intends to injure them, another person, or property, and the fear is one a reasonable person in the same circumstances would experience. Critically, the law does not require the stalker to have intended to cause fear. If the stalker knew, or reasonably should have known, that their conduct was causing the victim to feel afraid, intimidated, or harassed, the element is met.

The statute defines "follows" as deliberately maintaining visual or physical proximity to a specific person over a period of time, which includes repeatedly appearing at someone's home, school, workplace, or other location. "Harasses" means a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or is detrimental to that person, and that serves no legitimate purpose.

Cyberstalking is treated as a separate but equally serious offense under RCW 9A.90.120. This statute covers electronic harassment, including threatening messages, surveillance through digital means, and conduct carried out over phone, email, social media, or other electronic platforms. The fact that a stalker never physically approaches their victim does not reduce the seriousness of the conduct or limit the legal remedies available.

Two Ways the Law Responds to Stalking

A victim in Washington can pursue either path, or both at the same time.

Criminal case

Started by police and prosecutors

• Charged under RCW 9A.46.110 (stalking) or 9A.90.120 (cyberstalking)
• Gross misdemeanor: up to 1 year in jail and a $5,000 fine
• Class B felony with aggravators: up to 10 years and a $20,000 fine
• Can result in a criminal no-contact order

Stalking Protection Order

Filed by you, on your own

• Civil order under Ch. 7.105 RCW, with no filing fee
• Available to anyone who is stalked, regardless of relationship
• No-contact, stay-away, firearm surrender, anti-surveillance terms
• Emergency temporary order first, then permanent after a hearing

Criminal Penalties

Stalking under RCW 9A.46.110 is a gross misdemeanor in its base form, carrying up to one year in jail and a $5,000 fine. The offense elevates to a Class B felony, punishable by up to ten years in prison and a $20,000 fine, when any of the following aggravating circumstances apply: the stalker has a prior conviction for harassing the victim or a member of their household; the conduct violates an existing protection order; the stalker has a prior stalking conviction involving any person; the stalker was armed with a deadly weapon; or the victim is a law enforcement officer, judge, juror, attorney, or other specified public official.

A defendant arrested for stalking must appear in person before a magistrate within one judicial day of arrest, under RCW 9A.46.085, at which point the court considers whether conditions of release or a no-contact order are appropriate.

In a 2026 legislative development, Washington's House passed a bill requiring community custody supervision for individuals convicted of felony stalking under RCW 9A.46.110, regardless of their risk classification, recognizing that victims of stalking frequently live in ongoing fear even after a conviction.

Civil Protection Orders

Criminal charges require law enforcement and prosecutors. But victims in Washington also have an independent civil remedy they can pursue on their own: a Stalking Protection Order.

Washington consolidated all civil protection orders into a single statute, Chapter 7.105 RCW, effective July 1, 2022. Under this framework, a Stalking Protection Order is available to any person who has been subjected to stalking as defined under RCW 9A.46.110 or cyber harassment under RCW 9A.90.120, or to any course of conduct involving repeated contacts, monitoring, tracking, surveillance, or following that would cause a reasonable person to feel intimidated, frightened, or threatened, and that actually causes that feeling.

A protection order can direct the respondent to have no contact with the petitioner, their children, their home, their workplace, or their school. Under RCW 7.105.310, courts have broad authority to tailor orders to the specific situation, including restraining the respondent from electronic surveillance, cyber harassment, or monitoring the petitioner's location or communications by any technological means. Courts may also order the respondent to surrender firearms and other weapons.

Protection orders can be issued on a temporary emergency basis without the respondent present, then made permanent following a hearing. There are no filing fees for Stalking Protection Orders under Chapter 7.105 RCW.

Who Can File and What to Expect in Snohomish County

Any person who has experienced stalking conduct may file for a civil protection order, regardless of their relationship to the respondent. Stalking Protection Orders are not limited to domestic relationships, which is an important distinction from some other order types. If you share a current or former intimate relationship with the person who is stalking you, a Domestic Violence Protection Order may be the more appropriate vehicle, and the two order types can work in parallel.

Minors may also be protected. A parent or legal guardian may petition the court on behalf of a child. Cases involving a petitioner or respondent under age 18 are transferred to Snohomish County Superior Court, where a judge handles the proceeding.

The Snohomish County Superior Court handles civil protection order petitions. Court staff and domestic violence advocates can assist with paperwork, and the process does not require an attorney, though legal representation is strongly advisable when the respondent contests the order or when related family law proceedings are involved.

Protecting Your Address

For victims whose primary concern is the stalker finding their physical location, Washington's Address Confidentiality Program offers a meaningful layer of protection. Established under Chapter 40.24 RCW, the program is administered by the Secretary of State's Office and allows stalking victims to use a designated substitute mailing address for all interactions with state and local government agencies. Driver's licenses, voter registration, court records, and other public documents are updated to reflect the substitute address rather than the victim's actual location.

An adult victim may apply directly. A parent or guardian may apply on behalf of a minor. Certification lasts four years and is renewable. The program is not a crisis or shelter service, but it functions as an important component of a broader safety plan, particularly for victims who have relocated and fear being located through public records.

Documenting Your Case

No matter which legal pathway a victim pursues, documentation is foundational. Courts evaluating a petition for a protection order or a stalking prosecution look at the pattern of conduct, not just isolated incidents. Victims should keep a written log of every incident with dates, times, locations, and descriptions. Screenshots of harassing messages, emails, or social media posts should be saved and backed up. If witnesses observed any incidents, their contact information and a summary of what they saw should be recorded promptly.

Washington law does not generally prohibit audio or video recording in public places, and a recording device may be appropriate in certain circumstances. Evidence quality and admissibility are case-specific questions that an attorney can help you think through before you act.

When Stalking Intersects with Family Law

In Snohomish County family law matters, stalking frequently arises alongside or as part of domestic violence. A pattern of surveillance or unwanted contact by a current or former intimate partner is treated as domestic violence under RCW 7.105.010, which includes coercive control, stalking, and cyber harassment among the defined forms of harm. This means the same conduct may support both a Domestic Violence Protection Order and, where applicable, modifications to a parenting plan under existing family law proceedings.

If you are involved in a parenting plan dispute and the other party is engaging in stalking or surveillance conduct, that behavior is legally relevant to the court's assessment of the children's wellbeing and to the terms of any custody arrangement. An attorney can help you document and present that pattern effectively.

Taking the Next Step

Stalking is serious, and the law in Washington gives victims real tools to respond. Knowing those tools exist is the first step. Knowing how to use them effectively is where legal counsel makes the difference.

The Law Office of Chad Foster assists stalking and domestic violence victims across Snohomish County with protection orders, family law matters, and related legal needs. If you are experiencing stalking or unwanted surveillance, contact our office to discuss your situation and what options are available to you.