Firm NewsC.A. Goldberg, PLLC, leads reform of NYS Stalking Law

“I’m going to talk to a lawmaker. We really need a way to get OPs for stalking cases in family court.” Five years ago, our founding attorney Carrie Goldberg met the client who inspired our firm to write the first version of the CREEP Act. 

S3394/A3226 The Ceasing Repeated and Extremely Egregious Predatory (CREEP) Behavior Act is a New York State bill that protects all New Yorkers who are being stalked. New York is a national leader in having the worst protections for victims of stalking and by far the most populous of the seven states with exclusive stalking laws.  

Stalking is the unwanted pursuit of another person through repeated harassing or threatening behavior. Stalking is a crime. Celebrities, politicians, and other public figures are stalked, but so are everyday people. People are stalked by their coworkers, roommates, patients, students, friends, and past romantic partners. Sometimes, a stalker lives in the same building as the victim, maybe they went on a single date, or maybe they became obsessive through social media. Every victim deserves protection and support regardless of the type or existence of a relationship with their stalker–New York State law does not currently agree.  

The present law in New York only civilly protects stalking victims who are related to their stalker or have had an “intimate relationship” with their stalker. Article 8 of the Family Court Act grants Orders of Protection (OPs) only to these two categories of people. This leaves many stalking victims with no civil recourse.  

CREEP provides all New York stalking victims with the right to petition for a Civil OP, regardless of the nature of the relationship they have with the person stalking them. Civil OPs are surprisingly effective at stopping stalkers and are simple and streamlined for victims to obtain. Victims seeking an OP can be granted a Temporary OP the very same day they file if they show good cause for needing protection from abuse. This Temporary OP goes into effect as soon as it is served on the offender and remains in place until a judge decides whether to grant a Final OP. The respondent is given due process. OPs require that offenders cease contact with the petitioner. OPs give victims back the control to live life and associate freely. This is why all victims deserve them, not just those with a familial or sexual history with their offender. 

Currently, the only recourse for stalking victims without familial or sexual connections to their stalker is to report the conduct to law enforcement. It can take months for the police to investigate the matter and only if there is an arrest is the victim granted a Temporary OP. For various reasons victims may not want to get law enforcement involved–nor do they necessarily want their stalker arrested–they just want the stalking to stop. Far less resources are spent by victims, offenders, and the government on Civil OPs than if resources are spent on criminal investigations, prosecutions, and cases. Furthermore, Civil OPs divert offenders from entering the penal system unless they violate the OP.  

That client who inspired our firm endured almost seven terrifying years of emails, handwritten letters, packages, and in-person encounters with her stalker before our firm helped end her nightmare. Since her stalker was an obsessed fan that she did not have relations with, she could not get a Civil OP and instead had to wait for a slow criminal investigation to proceed. She also felt conflicted about having her stalker arrested because he was clearly psychologically unwell and needed professional help. However, NYS law left her with no choice. 

Another one of our clients, James Napoli, was a rising star at Meta who was targeted by a laid-off employee that became obsessed with him. James’ life was overtaken with the man’s incessant emails, texts, WhatsApp messages, package deliveries, and threats to his family and dog. James reported the harassment to work and the police, but nothing happened except the stalking got worse. The stalker ultimately managed to get rehired at Meta and James had to file a lawsuit.

James put it this way:

“For years, I have been stalked and sexually harassed by a former colleague. He would send me upwards of 30 texts a day, mailed hundreds of pages of documents outlining his sexual fantasies and quasi-religious ravings to my home, found my family members and lied about me being hurt to get information about me, and threatened sexual violence against me. I was unable to stop him because I didn’t have a romantic relationship with him, as the law demands in New York State.”  

The gap in New York State law that our clients fell through has already led to the needless suffering of so many other victims who came to our firm needing an Order of Protection but who didn’t qualify because our antiquated NYS laws excluded them. Our attorneys decided to write the first version of the CREEP Act because we know firsthand about the danger of being stalked, how torturous it feels, and how effective OPs are at getting offenders to stop when they see the Order signed by a judge. The most recent and robust version of the bill was written by Senator Gounardes’ office; our firm is grateful to our Senate sponsor for heeding the need to protect all stalking victims in authoring the CREEP Act. Many other Victims’ Rights organizations and activists agree with the necessity and urgency of passing CREEP.  

We have dozens of similar stories of clients excluded from stalking protections, all whose suffering could have been shorter and less traumatizing. They could have been spared fear and danger. Far less resources are spent by victims and the government on Civil Orders of Protections than if a matter must be criminally investigated, prosecuted, or adjudicated. We are pushing for CREEP to pass so we never have to meet another client with the same story. 

In the 2025 Legislative Session, Senator Andrew Gounardes (D-26) remains our champion in the Senate, and he will be joined by Assemblymember Jessica González-Rojas (D-34) to become the CREEP sponsors in their respective legislative chambers.  

Originally titled the 21^st Century Anti-Stalking Act, CREEP brings stalking protections up to date with the stalking behaviors of the 21^st Century. Stalkers weaponize tech–the internet, social media, electronic communications–to surveil and menace their victims. Technology has changed stalking behaviors, making it easy, cheap, and convenient for offenders to amplify their harassment, spread nudes and deepfakes of their victim, track their locations, and contact them through any number of social media platforms. As a firm that specializes in the intersection of technology and violence, it was critical for us to update our state law to ensure modern protections for modern threats. 

CREEP also brings stalking protections up to date with those available to Americans in 43 other states. Passing CREEP would mean the protection of victims regardless of how, why, and by who they are being stalked. 

As one of the most active Victims’ Rights law firms in New York State, we know how effective Civil OPs are at stopping stalking. Victims seeking an OP can be granted a Temporary Order the very same day they file since it is a simple and streamlined process. Once the Order is served, their abuser must refrain from all contact. 

With two dedicated CAG team members on the job, our firm is committed and confident that CREEP will pass this session! The legislative process is meant to be participatory and is incomplete without non-government actors who contribute their expertise and firsthand experience. Over the next five months, our firm is going to roll out a multilevel campaign, soliciting stalking stories from New Yorkers, engaging with lawmakers, and building our team of advocates and allies. 

In New York, you can’t get a Civil OP against your stalker if they’re a stranger…or even if they’re your best friend. Every victim deserves protection and support regardless of the type or existence of a relationship with their stalker. 

Let’s pass CREEP and make it safer to be a New Yorker.