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What Is a Harassment Charge?

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  • Last Modified Date: 17 February 2013
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A harassment charge is a legal charge filed against someone who intimidates, threatens, stalks, or otherwise makes another person feel unsafe or annoyed. This charge may also be filed against someone who steals personal information, snoops, or invades other people's privacy. Depending on the violation, the charge may be civil or criminal. Criminal cases can end with a misdemeanor or felony conviction, and can be punishable by prison time.

What Is Harassment?

Many different behaviors can be considered harassment, but the victim's perception that he or she is being threatened is usually the most important factor. Repeated unwanted contact, including excessive phone calls, too-frequent e-mails, or showing up uninvited at another person’s house multiple times after being told to stop are all common forms of harassment. In other cases, a person directly threaten victims or spy on them.

Victims usually know the harasser, but not always. People from old romantic relationships or someone who's been rejected by the victim may become bitter and start to behave inappropriately. For example, in a divorce, one spouse may threaten the other, causing significant distress that results in a harassment charge. In other cases, the harasser might be someone with a personal grievance against the victim, like an angry co-worker or someone with a childhood grudge. Some people are delusional and believe that they can pressure their victims into accepting them on a personal level if they just keep pushing them.

Civil vs. Criminal Cases

Whether harassment is considered civil or criminal generally depends on the relationship between the harasser and the victim and the type of behavior involved. Though laws vary by jurisdiction, civil harassment is generally seen as being done by a person who the victim has not been in an intimate or romantic relationship with, like a neighbor, stranger, or family member that's not a parent, sibling, grandparent, or in-law. A criminal harassment charge is generally brought against people who a victim has been in a close relationship with, like a former spouse or romantic partner. Similar behavior from a close family member may be considered domestic violence rather than harassment.

The type of behavior is more important than the status of the relationship in some jurisdictions. For instance, a stalker would usually face criminal charges, regardless of his or her relationship with the victim. Sexual harassment can also be subject to special statutes in some places. It is actually a form of discrimination, which is a civil rather than criminal charge. Other forms of discriminatory behavior, such as bullying based on ethnic differences, sexual preferences, or religion is also typically seen as a civil crime.

Misdemeanor vs. Felony Cases

Laws vary by jurisdiction, but generally speaking, misdemeanor harassment charges are filed in less serious cases, or for first time offenders, while felony charges are brought against very serious, threatening, or repeated offenders. This is especially true for people who violate a no-contact order or have previous convictions. In some areas of the US, the type of person being harassed determines whether the charge is a felony or misdemeanor. For example, felony charges may be brought against someone who harasses a public official, but misdemeanor charges against someone who does the same thing to a private person.

Steps for Victims

Once someone feels like he or she has been threatened, it is usually possible to file a restraining order through the court system. This prohibits the accused person from having any contact with the victim. If the order is granted and then violated, the suspect can be arrested on a harassment charge. In cases where violence occurs, a person may be able to file for an order of protection, which specifically prohibits any act of violence, and orders the assailant to do specific things to increase the safety of the victim, such as not being in the same area.

Responding to a Harassment Charge

Anyone who is being charged with harassment should contact a lawyer and get to know the laws in his or her area to understand what types of behavior have led to the charge and avoid them while the case is pending. For instance, in some areas of the US, a person can be charged with harassment even if he or she has never made threats to a person's face, but has done so through a third party or repeatedly talked in a threatening way about someone to mutual friends. Someone who doesn't know that might keep doing behavior that is legally considered harassment without knowing it. He or she should follow any court directives strictly, and be sure not to contact the person making the charges without first consulting a lawyer.

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anon320363
Post 34

What if you you are being charged with telephone harassment and there is a no contact order in play and then later the victims wants it dropped but it's the sate pressing charges?

anon317690
Post 32

If there is someone making something known about an incident to the public and they are posting it on the internet and the person that was involved is not liking it, can they get in trouble even if they are just stating what happened?

anon314058
Post 30

To the woman dating the married man: Anyone can look up public information about you. It's not harassment. If the man's wife finds out your dirty laundry and tells her husband, that is allowed. Until the divorce is final, he is still married.

anon313396
Post 29

I have been married to my husband for seven years and my parents and brother have always been stopping at my house uninvited, asking why we don't come over and threatening to mess up my husband's face. They are spreading lies about us and saying he needs to watch his back.

I am tired of having to deal with this drama and threats. The police say unless they do physical harm, then all I can do is wait and then call the cops. Any advice?

anon312152
Post 28

Can a family press charges against an ex spouse who is constantly harassing their daughter about seeking custody of the children? She is worried sick, literally. She has anxiety attacks, abdominal pain, diarrhea and nausea.

After being absent from work quite a bit, she took a medical leave to try and get a handle on her health. When she called to go back to work, she was told she didn't need to come back. We feel that if the ex would stop the harassment her health and peace of mind would improve. How do we get him to stop this treatment of her? He is also talking to the children about living with, him which should be an adult decision. Help! Any suggestions?

anon311788
Post 27

About 1 1/2 or two years ago, I had problems with neighbors playing loud music all night long. We had to call the cops on them four times, and still they would do it until a family member had talk with the guy who was doing it and got it to stop.

The guy's mom lives down the street and he's always walking to his mom's ex's house, who is right next door, causing the dogs to bark (he has small dog that follows him), and about a week ago I caught him threatening my dog for barking (I had just let him out to feed him and the yard is fenced in).

The topping to this little treat is just three hours ago, he sneaked into our yard, urinated on my house and ran into my parents (causing their dog to bark and making the guy run off). My dad came out in time to see him stumbling off, drunk as can be. Luckily, the town cop came by two minutes after and we told him about it. The cop waited and sure enough, the guy came back down the road and got arrested.

Now this guy's known for drinking and drug use and might be a little handicapped mentally, plus the last time he got in trouble, he threatened my farther.

So because of all this I have to ask if there's a way to have them evicted from land or if a restraining order will work (I live in Oklahoma)?

anon311136
Post 26

I'm being harassed by someone who is mentally disabled. She's posting lies about me on facebook, constantly texting me, telling me to kill my self and threatening to kill me.

anon308152
Post 24

I was threatened and spied on by my boss through surveillance cameras in public. I still don't know why he did it, since I am a good worker. I have a hunch that he hired a private detective to stalk me.

I am now completely paranoid about being around surveillance cameras, surfing the web outside of work, or using my cell phone outside of work since I was illegally spied on by my boss.

anon304903
Post 23

This is my problem. I'm the second manager in a supermarket, and when my boss is not there, I have to run the store and make sure everything is O.K. Or, I have a customer who only goes there to look for trouble. I am the third person she had a problem with.

One day, she just looked at me and told me she is going to mess me up when she sees me in the street. The second time, she almost put her finger on my face because she was arguing with me and I told my boss about it and he doesn't want to do anything because she is a customer (but not a customer all the time).

My question is if I can take my boss to court if something happens to me, because he is not providing a safe environment for me. Can I charge her for harassment against me? She is still going to the supermarket and my boss won't do anything. Someone help me, please.

anon302732
Post 22

Someone from an internet discussion board apparently used a private detective to find out my private information and filed a false complaint against me with my employer. The investigation proved I did nothing wrong, but I want this person arrested for invading my privacy. How do I do that?

anon301033
Post 21

I need to get advise on how to handle a situation that was brought to me by my mom. An ex girlfriend of my nephew slandered our family's name for her own cause in court, over a break up. My nephew wants to see his son, and get visitation rights. She works as a child advocate in the Montgomery county system and I feel that she is using her powers to slander my mom's family name. My mom is very upset over this. What can I do?

She should look at her own mother's relationship with a convict (a lawyer killing a hunter and left the scene)! Help. What can I do? People who live in glass houses shouldn't throw rocks!

anon300553
Post 20

I had lost my phone the other day and my boss had tried calling me into work. I still didn't find my phone so he sent another message wanting me to work the next day (also my day off) saying, "I need you here tomorrow from noon to 4, so don't pull and crap. I have given you enough notice, so see ya then, since you only answer to Adam (my supervisor) and not your boss, and if you don't want to work, I have five write ups on you. Just trying to give you hours!"

Well, I finally found my phone and saw all this and told him I had lost it and to chill out because I told my supervisor I had no phone.

Well, he said, "Just like I said, Adam is not your boss. I am." So I would like to know what I should do? I want to tell him I'm not scheduled and not on call as I have stuff to do since it was my day off but then he will threaten me with my write ups. Is this legal for him to do?

anon299038
Post 18

I was to marry my fiance in December. He recently "sweet-talked" me into buying him an 800 dollar camper and giving him an 11,000 dollar vehicle I had paid for. I sold my land to buy us a house, unfortunately while I had all this money he was manipulating me into giving him these items. I bought the house for us and it fortunately is in my name only, as it would have been until we married.

He left me, took the vehicle, kept the camper on his land that he could not sell to help get us a house because his mom was living on it currently (but of course, he told me he would sell it when she died to help pay for our house).

I was beaten, had property damage, harassment from him and his grown children, and he kicked my chihuahua several times. My dog used to let my dad pet him but now he will let no male pet him without shivering and peeing on himself because he is so scared from the trauma to him and me.

I believe this man "played" me because my husband died of cancer years ago and only six years ago my 15 year old daughter died from severe cerebral palsy and pneumonia, so he put all the smooth moves on me as I was lonely and without children and a husband.

I was told I cannot get the vehicle or the camper back as they are considered gifts and we were not married at the time. I do have a warrant out for arrest for the bodily damage and property damage, even though he threatened me if I went to the police, that I would "have more problems than I have already from him and his family".

trksr4girls
Post 16

Long story short: a man is getting a divorce and became involved with another woman. The soon-to-be-ex is snooping into the other woman's past and getting info to share with said man.

Is there anything legal that can be done to stop this ex? This is what I would think be harassment. All info would be helpful.

anon296153
Post 15

We live in apartment complex. Since I ended one of my son's long term friendships, a neighbor has been bad-mouthing my son and falsely accusing my son of hurting her son and he wasn't even around at the time of the supposed incident.

This neighbor comes up to my place yelling at me saying all this, and even adding how she phoned the school to share he is a bully to her son, whom I haven't let him be around since ending a long term friendship.

amypollick
Post 14

@anon295864: If you're on temporary disability, invoke the Americans with Disabilities Act on your landlord. Get documentation from your doctor that the neighbors' actions are detrimental to your health and welfare. Also see if a disability attorney will work with you on invoking this act. He or she can tell you if you really do have grounds to invoke the ADA. If you do, the landlord will have to do something to make sure you are accommodated.

anon295864
Post 13

I live in a apartment complex, and I recently have been diagnosed with epilepsy. The neighbors upstairs are constantly slamming on the floors the kids have been reported to CPS (well the mother has) and multiple reports to the police for breaking into my car and harassing me when I am outside.

The landlord won't kick them out because they still pay their rent. As more and more days go on, my epilepsy has been getting worse because of the constant slamming and worry of even bringing my trash outside because of fear that they will harm me.

I can't get better to go back to work to help out with the bills, to make more than temporary assistance helps me with until they are gone. I feel threatened. I don't feel comfortable in my own home, but I can't afford another apartment.

What can I do to convince my landlord that it is affecting my health and to kick them out?

anon295597
Post 12

If our neighbor threatened us by coming inside our house without permission and he said one of you will get hurt right now and accusing that the wife was using only her husband just for the money and screaming and pointing her finger in my face, what case I can file for those couple who did that?

anon295017
Post 11

Allow me to say something. I'm going through a situation where my ex wife was actually the abuser. When it came to the end, she went beyond the call of duty in that she has turned my life upside down and had our child taken, etc., so I don't want hear the crap. People who use a child to hurt or seek revenge are a pathetic excuse for life.

Secondly, men and women, there is a thing such as a person wanting answers or closure. but they are being played. Wake up. This is 2012.

amypollick
Post 10

@anon293102: It's harassment and it's a criminal act. A police officer once told me, "If you perceive it as a threat, then it's a threat." Meaning, if he threatened to strangle you, it's a threat and it's actionable.

Get an attorney who specializes in employment law and can file the appropriate paperwork. Good luck.

anon293102
Post 9

My current boss has threatened me twice this year. The first time he said he was going to hit me and the second time he threatened to strangle to me. Besides he has been screaming really nasty things and making me cry. Can I file a harassment case on him. Would that go against the company since this happened at work? Location is NY State. Please let me know what can I do.

anon292276
Post 8

My ex filed false charges against me and then didn't even show up at court. I confronted him in Clermont County about the fact that he didn't have the legal right to be at the high school as I am our daughter's legal guardian (see is now 18 and has Down Syndrome).

He was at probate court so he knows that I am the guardian. I haven't stood up to him for 11 years and now that I have, he has filed for a CPO against me in Hamilton County, claiming I threatened him.

I subpoeaned three witnesses, and then he didn't bother to show up at court. Is this considered harassment by him? He filed false charges in a county that didn't have jurisdiction.

My ex has mental health issues and has been diagnosed with a personality disorder twice. His lawyer has been successful in keeping this diagnosis out of court.

anon271507
Post 7

How can any of you say someone is not being abused by their spouse? How dare you make that judgement call? You don't know what happened behind closed doors and many battered and abused spouses hide it from embarrassment. They think that others will think they deserve it and abusers are very good at what they do. This guy probably told you his side of the story and probably used the word "crazy." When a guy says a girl is crazy, it is often a red flag that says he is abusing her. Abusers use words over and over to brainwash their victims, as well as trying to establish to friends and neighbors that the abused person is unstable, because honestly, they want to eventually hurt them or even kill their victim.

There is a ton of information on the internet about the stages of abuse. Also, I know from experience.

anon250527
Post 6

I have a neighbor who threatens everyone in the neighbor, kids included, calls the cops on neighbors whose trash is too close to hers or kids playing in the street in front of her house. She once even went in to a neighbor's backyard while the neighbor was at work to have a guy cut the neighbor's tree down because it was too tall and was blocking the sun.

This is a constant thing. Most kids are afraid to play out front because they're afraid they'll police will take them away because that is what she says. She walks the neighborhood with petitions trying to get people in the neighborhood evicted from their houses.

I was just curious if there was anything my neighbors or I could do about this woman in the state of Nevada. I feel bad because her husband and daughters are really nice. She's just known as the "neighbor from hell" though, unfortunately. I hope I worded this correctly.

anon243039
Post 5

My father made a verbal agreement with his girlfriend to allow her to stay in our town home for three months to allow her time to find a place of her own. My father did not make me aware of this agreement and Sheila moved in our house during the second week of November in 2011. She has not found another place to live and refuses to leave the house. Also, I believe she is now a legal tenant of our home.

My sister, Samantha informed me that my father contacted a police officer. The police officer told him that she cannot be forced to leave unless she is evicted. I do not feel safe enough to wait for a eviction.

Before her transition into the house, Sheila has displayed irrational behavior in my presence. She has had outbursts of anger and repeatedly has argued in our house with my father. His girlfriend has shown such a temper that seems threatening to the well-being of the inhabitants of this house. Sheila has a license to carry a concealed weapon and owns a handgun. I feel very unsafe living in the same confines as her.

Her temper causes me to fear physical harm even though she hasn't clearly stated threat towards me.

Can I request a restraining order that will not allow her to live in the same dwelling as me and if at all possible, have a police officer escort her out of our home?

sneakers41
Post 4

@Cupcake15 - I agree with what you are saying, but I also know that some people file false harassment charges especially when they are going through a bitter divorce. A neighbor of mine is going through a terrible divorce and his wife filed a harassment suit against him because she claims that he threw some keys at her and hit her in the face.

She also claimed that he was abusive all through their marriage, but she never pressed charges before. The charges were dismissed by the judge, but this is really frivolous and it also damages their young children. I think that people that file false harassment charges like this should face a criminal charges and a substantial fine because they are taking away from real cases when they resort to this petty behavior.

oasis11
Post 3

@Cupcake15 - I think that sometimes people are afraid of filing harassment charges because they are afraid of the repercussions. They don’t want to anger the perpetrator and try to avoid rocking the boat.

I think that the first time someone harasses you should be a huge red flag that they will likely do it again. It is better to get out at that point then to continue on with the relationship because you dismissed the harassment and try to sweep it under the rug.

cupcake15
Post 2

@Sunshine31 - I know what you are saying and I agree that you should go to the human resources department and keep detailed records about what is happening, but for some people it might be easier to get another job.

I think that if you can avoid people like this you would be better off. I remember when I was managing a department store; I had an employee that was being stalked by her ex boyfriend. She had a restraining order in place, and I don’t know why she did not purse filing harassment charges. Well, a few days before she was to go to college, she was murdered by her ex boyfriend in her home.

It was so sad. Maybe if she had filed aggravated harassment charges when this was going on she would be alive today. I know that sometimes people in these situations have mixed feelings about filing harassment charges, but you really have to protect yourself because domestic violence only gets worse.

sunshine31
Post 1

I do think that if someone is harassing you that you have to protect yourself because these cases usually escalate. At my husband’s company the former CEO was sexually harassing two women in the company. One was fired and the other remained with the company. Both women filed lawsuits against the company when they felt that the company was not protecting them from this person.

They settled the case out of court and the CEO was fired. So don’t think that because of a person’s stature that you will not be able to make a difference. You can, but you have to keep very detailed records and realize that you may lose your job before it is over because filing harassment charges is never easy.

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