Harassment

[Makil]

What constitutes harassment?

I have posted many many times about my abuser (the father of my child) sending me crazy emails, which often contain far-fetched accusations and threats to take away my child.

I spoke to a court advocate yesterday about the situation and was advised to get an order of protection. BUT I have doubts that a judge would find the content of the emails to be "harassment."

The emails don't contain threats of physical violence or anything like that. They usually contain incredibly far-fetched and baseless accusations against me, i.e. "I am filing a police report against you for extortion" (when there is absolutely no grounds to accuse me for extortion).

Or there will be accusations that I am an unfit mother and my child is going to be removed from my custody. Things like that.

But no direct threats of violence. Can anyone here comment on whether this constitutes harassment or not?

 

[Tapi]

What constitutes harassment?

I have posted many many times about my abuser (the father of my child) sending me crazy em...

I personally would say that harassment, whether or not there is a direct threat of violence, is generally any sort of heckling, verbal name-calling, threats of any kind, or anything that makes you feel uncomfortable. Harassment generally continues after the victim has told the person harassing them to stop their behavior. For me, I was harassed over text message and the guy harassing me didn't threaten me with violence, but did ask me for lewd pictures and continued addressing me in an inappropriate manner after I'd already told him to stop while knowing I had a history of sexual trauma and that I have anxiety. That constitutes harassment and I could have reported him to the police. I didn't for other reasons related to the situation and the length of time since it had occurred (including blocking his number), but if it happens again, I could and I will report him for harassment.

I am not a lawyer or anything, but in my personal opinion I would say that he is threatening you.

 

[Tapi]

I want to clarify that I did not mean to say that if someone calls you "stupid" on the street that that is harassment. Merriam-Webster Definition is this: "b (1) : to annoy persistently was harassing his younger brother (2) : to create an unpleasant or hostile situation for especially by uninvited and unwelcome verbal or physical conduct was being harassed by her classmates claims that the police were unfairly harassing him" Definition of HARASS

 

[Ijow]

I am not sure. My friend was treated like this with her x, plus It became a financial nightmare. For example, he and his new wife would want mediation/go to court to change things in the agreement all of the time. My friend would have to pay her lawyer and sometimes court fees which was thousands of dollars each time. In addition, the new wife would mistreat my friend's kids, the son would come home with bruises due to potty training, the older one would be locked in her room and have no access to her phone while visiting dad. The emails dad/stepwife would send were mean and threatening as well, but the court didn't think it was bad enough. Same with the bruises.

 

[Mahesu]

Harrassment differs from state to state. Where I live you must have unwanted contact with the intent of causing fear, annoy

 

[Ada]

Would cause reasonable person fear

 

[Jusap]

The advocate probably has some experience with the definition of 'harassment' in your state's legal system.

At least in some places, threatening physical violence escalates the offense to making terroristic threats. Harassment can be what an out of control bill collector does. You might start with a search for "harassment and your state" and see what you get. But, you talk to an advocate because they're supposed to know the system.

 

[Norup]

It differs by state. In my state, the definition of harassment is:

"Harass" or "harassing" means knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances that would cause a reasonable person emotional distress and does cause emotional distress to another.

The stuff you describe would, in my state, fall easily (also) under stalking laws.

The typical differentiation is around what the nature of the threats are, and if they can be considered to cause emotional distress, or if they are sufficient in themselves to warrant a charge. "I'm going to kill you" is a threat to injure, and does not need to cause emotional distress. It's clear. "I'm going to take your child" may or may not constitute injury, but in many circumstances, would cause emotional distress.

Trust the lawyer, not your own reading of the law. But do ask for them to describe more specifically why harassment, and why not stalking (in my opinion).