Civil harassment involves behavior that scares or annoys someone without a legitimate purpose, such as threats, violence, or stalking. Temporary restraining orders can be issued until a hearing, where a judge can issue a permanent restraining order if evidence is presented. Mediation can also be used to resolve disputes.
Civil harassment includes threats, violence, stalking, or any behavior that scares or annoys someone for no legitimate purpose. It includes acts that cause the victim emotional distress and can occur between neighbors, co-workers, roommates, or former friends. Civil harassment includes face-to-face contact; annoying over the phone, through emails or letters; or just look at a person who feels threatened.
Laws in some areas provide for temporary restraining orders to stop the unwanted behavior until a civil harassment hearing is held. A temporary restraining order bars the offender from any contact with the person submitting it. The order may include the victim’s family members and may ban the harasser from the victim’s workplace.
In a civil harassment hearing, a judge can issue a permanent restraining order if clear and compelling evidence is presented that harassment has occurred. The standard of evidence in civil harassment cases is higher than the preponderance of evidence required in most civil disputes. It is inferior to that, beyond a reasonable doubt, used in criminal trials.
The person filing the complaint can bring witnesses, photos, written threats, and other evidence to prove that there was harassment. If the property was damaged by the offender, photos can illustrate the destruction for the judge. An attorney may or may not attend the hearing.
If the judge issues a permanent restraining order, it must be served on the person named in the order within a set time frame. In some jurisdictions, the offender must surrender all firearms while the restraining order is in effect. The restraining order information is usually entered into a database accessible to the police, and law enforcement agencies can arrest the offender if he violates the civil harassment restraining order.
A person who is the subject of the restraining order can file a response to the victim’s allegations. He or she could deny the facts of the complaint or list the reasons for the acts committed. The person named in the restraining order can also argue that a reasonable person under the same circumstances would not have felt threatened or suffered from emotional distress. Finally, you can argue that the acts were not intentional.
Sometimes mediation can resolve a dispute without a hearing. Civil harassment cases are commonly volatile and stressful, with allegations being exchanged between the parties. A mediator may be able to help the parties find a solution to end the dispute and mend the relationship. If both parties remain hostile to each other, attorneys sometimes meet to work out an agreement for both parties to follow. Mediation is not binding in court, but may be considered a contract if the lawsuit is filed later.
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