A roommate turns hostile, sending threatening texts and leaving harassing voicemails, making their former housemate afraid to go home. A worker turns down a former client’s repeated messages, only to find them waiting outside their office and sending threats online. A neighbor dispute escalates when one person begins showing up at odd hours, leaving unsettling notes and making repeated, intimidating visits.
In each case, the victim doesn’t want to involve the police or have an arrest. They just want the harassment to stop. But under current New York law, there is no way for them to seek a court order requiring the offender to leave them alone. Like so many others, they are left with an impossible choice: involve the criminal justice system — which may be slow, cumbersome and invasive — or do nothing and hope the situation doesn’t escalate. As a district attorney, I have been hearing such stories, with the frustration and fear they entail, very often.
Family Court allows individuals to seek orders of protection from family members or intimate partners, but there is no equivalent civil remedy for those outside these categories. People who are harassed by former acquaintances, neighbors, co-workers, or even strangers often cannot obtain protection until it is too late. When the law fails to provide an accessible way for people to protect themselves, it increases the risk that conflicts will spiral into violence.
That is why I’m calling for the passage of the Ceasing Repeated and Extremely Egregious Predatory (CREEP) Behavior Act. This legislation, sponsored in Albany by state Sen. Andrew Gounardes and Assembly Member Jessica González-Rojas, would create anti-stalking orders, a new type of court-issued protection available to anyone facing persistent harassment, threats, or stalking — regardless of their relationship to the perpetrator.
These proposed orders, issued by state Supreme Court, would function much like domestic violence protective orders. A victim could seek a temporary anti-stalking order to stop the harassment immediately, followed by a hearing where the court could issue a final order. Violations would be enforceable under New York’s criminal contempt laws, ensuring accountability.
The gap in the law is especially dangerous in the digital age, where harassers and stalkers exploit technology to terrorize their victims. Cyberstalking is a growing problem that leaves many people feeling unsafe in their own homes. Abusers use social media, GPS tracking, and even AI-generated deepfake content to intimidate and control their victims.
The CREEP Act explicitly recognizes digital stalking and allows courts to order the removal of harmful online content and prohibit the use of smart home devices to harass victims.
New York is behind the vast majority of states in providing civil protective orders for victims of stalking and harassment. Forty-three other states already allow victims to seek legal protection without requiring criminal charges. The results have been clear. Giving people a way to obtain a civil order of protection reduces repeat harassment and allows law enforcement to focus on serious crimes. New York should do the same.
A civil protective order system would give people a means to seek protection before a situation escalates, reducing the burden on law enforcement and ensuring that cases requiring police intervention get the attention they deserve.
To ensure fairness, this CREEP Act includes safeguards. Allegations should be sworn under penalty of perjury to prevent false claims, and individuals facing an order would have the opportunity to respond in court.
And for this system to be truly effective, it must be accessible to all New Yorkers, regardless of income or location. Many people experiencing harassment cannot afford a lawyer, so the process must be simple enough for individuals to file on their own.
Virtual proceedings, an innovation accelerated during the COVID-19 pandemic, could ensure that individuals seeking protection do not have to take time off work or navigate logistical barriers to access justice.
New York is working to create a justice system that prioritizes fairness and safety. A civil protective order system aligns with that goal by providing a practical, effective tool to prevent harm while minimizing unnecessary reliance on the criminal legal system. The CREEP Act is a common-sense solution that will empower people to protect themselves, reduce unnecessary criminal cases, and increase public safety.
I urge state leaders to pass this legislation and ensure that all New Yorkers — no matter their relationship to the person threatening them — have access to the legal tools they need to stay safe.
Gonzalez is the Brooklyn district attorney.
