Can Calls, Texts, and Emails Be Stalking? What Courts Look For

Most people have received an unwanted message at some point, and most of those messages are harmless. But when someone contacts you again and again after you have asked them to stop, the situation changes. The messages stop being an annoyance and start controlling your day. You check your phone with dread, you avoid answering unknown numbers, and you wonder what the next message will say.

Many victims are unsure whether calls, texts, and emails count as stalking, especially when the messages are not openly threatening. The short answer is that they can. This article explains how courts view repeated electronic contact, what patterns matter most, and how to document the evidence. For a broader look at online abuse, see our guide to what cyberstalking is.

Phone Calls Alone Can Be Enough

A common belief is that stalking must include following or watching. Courts have said otherwise. Judges in many states have held that a stalking conviction can rest on telephone calls alone, and one appeals court noted that decisions consistently support this view.

The volume of calls can be striking. In one case, a defendant admitted that he placed at least 124 calls to the victim in just four days. In another, a man called a woman repeatedly over the course of years, even after police and courts told him to stop. Numbers like these help show that the conduct was not casual or accidental.

Texts, Emails, and Letters Count Too

Stalkers use every channel available. Courts have treated text messages, emails, voicemails, and mailed letters as forms of stalking conduct, particularly when they are repeated and unwanted. Some stalkers also send messages to a victim's boss, coworkers, or family members in an effort to embarrass or isolate them. In one case, a defendant emailed both the victim and the victim's supervisors at work, and the evidence more than supported his conviction.

Gifts and packages can be part of the pattern as well. Unwelcome flowers, notes, and deliveries may seem harmless to outsiders, but combined with nonstop contact they can show a person who will not accept a refusal.

When the Messages Are Not Openly Threatening

Victims often hesitate because the stalker's messages are polite, loving, or apologetic. That does not mean the conduct is lawful. In one case, a man argued that he never threatened the victim and mostly apologized and professed his love in his repeated calls. The court disagreed. It reasoned that a reasonable person could see the constant calls and gifts, along with the man's history of emotional instability, as a sign of obsession and a risk of violence.

Another court considered rambling letters that were not overtly threatening. Because they were sent in violation of a protective order, a jury could still find that they were intended to harass. The takeaway is that the context matters as much as the words.

Messages Through Other People

A stalker who cannot reach you directly may try to reach you through someone else. A message sent through a friend, relative, or coworker can still count if the stalker intended it to reach you. Courts have recognized that indirect contact can be part of the pattern, especially when a protective order is in place.

How Consent and Protective Orders Fit In

If a court has issued a protective order, contact that violates it can be a separate crime and strong evidence of stalking. One court held that a victim's earlier consent to contact did not erase the fact that, on a later occasion, she clearly refused and asked the person to leave. Your right to say no does not expire, and you can change your mind at any time.

Cyberstalking Laws Keep Growing

Many states have passed laws that specifically address stalking through the internet and other technology. In one case, an Illinois appeals court rejected arguments that the state's cyberstalking law was too vague or too broad. As more of daily life moves online, expect these laws to keep expanding. Stalking.org's position statements explain our views on the policies that protect victims.

Our nonprofit provides free tools that help victims collect evidence, take control of their online exposure, and prepare for police and court. Learn who we are and how you can support the mission.

How to Document Unwanted Calls, Texts, and Emails

Good records turn a vague complaint into a strong case. Follow these habits from the very first message:

• Save every message, voicemail, and email, and do not delete anything, even upsetting content
• Take screenshots that show the date, the time, and the sender's actual number, email, or username
• Keep the full conversation, including earlier messages that show you did not provoke contact
• Keep a written log with the date, the time, the number of calls, and how each incident affected you
• Store backups somewhere the person cannot access, such as a new email account or a trusted friend

Should You Block the Person?

Blocking can stop direct contact and give you peace, but some stalkers respond by using new numbers or accounts. Many advocates suggest saving evidence before you block, keeping a record of any attempts to get around the block, and thinking about how your safety plan may change. Our article on building a safety plan can help you decide.

Next Steps

If the contact frightens you, report it to police and ask about a protective order. Our complete guide to digital safety also explains how to secure accounts the person may still be able to reach.