QUESTION

What should I do if I am being accused of harassment?

Asked on Feb 05th, 2011 on Criminal Law - California
More details to this question:
Someone is trying to charge me with harassment. All I did was talk to her one time in a raised voice. How is harassment defined in California?
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4 ANSWERS

Criminal Defense Attorney serving Santa Rosa, CA at Michael T. Lynch
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Even though this question is in the Criminal section it seems it is a question regarding a Civil Harassment petition. In Civil Harassment the petitioner has the burden of proof. The standard for that burden is clear and convincing evidence of harassment. Clear and convincing evidence is somewhere between the proof beyond reasonable doubt needed for a criminal conviction and the simple preponderance needed for a civil suit. Typically one communication, even if in a harsh tone, would not rise to the level of harassment. Unless the words used expressed a clear threat to the petitioner's life the petitioner would have a hard time reaching their burden. If the words were of a threatening nature then the respondent could also face criminal charges for a violation of P.C. 422. In any case the facts should be reviewed by a qualified attorney.
Answered on Feb 07th, 2011 at 12:43 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Harassment is defined however the victim says it is. It is in the eye of the beholder, reasonably defined as whatever is done to annoy, threaten, etc. The ONLY specific advice you should expect to get from here or elsewhere is to exercise your 5th Amendment rights to SHUT UP, and hire an attorney to speak for you. If the victim is simply seeking a restraining order, you have the right to oppose it in court, by timely filing appropriate pleadings and attending the hearing to argue against it. You should do so, because a restraining order has negative consequences on your record similar to a felony conviction. You lose your firearms rights, and most employers will view you as a potential problem. If the victim is pressing criminal charges, you face potential jail time, and most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative'. There is no magic wand to make this go away. Prosecutors don't take the time to research, prepare and file charges just to drop them. So, if they file, youd better take it seriously. In either case, unless you know how to effectively represent yourself in court, hire an attorney who does. If this is in SoCAL, and youre serious about hiring counsel, feel free to contact me.
Answered on Feb 07th, 2011 at 11:58 AM

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If you are being investigated by the police hire an attorney to assist you. Prior to making any statements with the police talk to an attorney.
Answered on Feb 07th, 2011 at 9:58 AM

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Criminal Law Attorney serving Los Angeles, CA at The Law Offices of Lawrence Wolf
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One call is not harassment. Give us a call.
Answered on Feb 06th, 2011 at 5:28 PM

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