The CREEP Act

New York State lawmakers have introduced a new bill which could potentially make it much easier for certain stalking victims to obtain orders of protection. Dubbed the “Ceasing Repeated and Extremely Egregious Predatory Behavior”, or the CREEP Act, the proposed legislation would allow stalking victims to apply for temporary orders of protection on a walk-in basis and in the absence of a criminal case against their stalker.

Why Can’t Some Victims Obtain Protective Orders Right Now?

Here’s what I’m told by others who are more qualified to answer that question: Under current New York State Law, there are two avenues for pursuing an order of protection: through criminal court or through family court. When the authorities are willing to pursue even a low-level charge against an accused stalker, it’s usually easy for the victim to obtain a temporary order of protection through criminal court, with the judge to decide at a later time whether to make it permanent.

But the authorities aren’t always willing to arrest and prosecute stalkers, even if they sympathise with the victim and think the stalker’s behaviour is wrong. There are many reasons for this, and law enforcement is often more reluctant to take action than many people seem to realise (in other words, it won’t shock me one bit if my stalker ends up committing a completely preventable act of violence). And in the absence of criminal charges against the accused, a victim cannot obtain an order of protection through criminal court.

The only other way to obtain an order of protection in New York State is through family court, which only grants orders to victims with a familial or intimate connection to the person they’re seeking an order against. I’m not related to my stalker, we were never intimate, and the state authorities refuse to pursue charges at this point in time.

It’s much easier to obtain a protective order in certain states than it is in New York.

My stalker targets victims in numerous states. While these victims sometimes face major obstacles when it comes to persuading law enforcement to pursue a case against an out-of-state stalker, some have successfully obtained orders of protection through their state’s court system. Yet New York doesn’t currently offer any options that I qualify to even apply under, leaving me a completely open target. And, unfortunately, stalking situations aren’t unique, so I know I’m far from the only person in this position.

Under the CREEP Act, a petitioner would be able to apply for a temporary order of protection on a walk-in basis at the Supreme Court closest to their home. A hearing to grant a temporary order would occur either on the day of application or the following day. In the event that an order is granted, it would function just like any other state-issued order of protection. The CREEP Act would also make it easier for victims of cyberstalking and online harassment to obtain a protective order.

The CREEP Act Would Help a LOT of People

Even if the CREEP Act, passes, I highly doubt that I’d benefit from it. When the parties overseeing my stalker’s federal case found out about my website, I was shunned harder than an ex-Jehovah’s Witness. Frozen out, non-existent, dirt beneath the authorities’ shoes. I’m pretty sure I’m dead to them.

Don’t me wrong — I certainly didn’t expect them to be thrilled about my website. (And, just as predicted, the reaction proved that victim-blaming and -shaming are alive and well.) But I made this unpopular decision for a reason.

Before I created this website, my stalker was banned from contacting me as a condition of his probation for a federal cyberstalking case pertaining to another victim. He violated the contact ban repeatedly, was only charged for violating it once, and the charge was ultimately dropped despite ample proof of the violation, thereby proving the contact ban to be useless.

This marked a MAJOR turning point in my decision to tell my story publicly. After all, I didn’t have much to lose, and for mental health’s sake, I needed to establish a support system. All that said, I wouldn’t expect a state court to help me. I’d expect them to blame my months-old website for the years of harassment leading up to (and inspiring) its creation. And I doubt it would matter to any state court that during those years of obedience and silence, I became a literal recluse, languishing in silence while my stalker’s torment only intensified.

But I’d like an opportunity to at least apply for an order of protection, because right now, I can’t even do that. In addition to making the order-seeking process easier (and possible in the first place for some, like me), by passing this bill, lawmakers would show solidarity with victims and set the example that stalking won’t be tolerated.

People have a right to be left alone, to feel safe, and to live in peace. It’s truly not much to ask for or expect!