What is the Difference Between Civil and Criminal Harassment in California?
Contents
- 1 What is the Difference Between Civil and Criminal Harassment in California?
- 2 Introduction
- 3 Defining Harassment in California
- 4 Civil Harassment vs. Criminal Harassment
- 5 Civil Harassment
- 6 Criminal Harassment
- 7 Factors That Determine Whether Harassment is Civil or Criminal
- 8 Protecting Your Rights in a Harassment Case
- 9 For Victims of Harassment
- 10 For Those Accused of Harassment
- 11 The Importance of Seeking Legal Help
- 12 Conclusion
What is the Difference Between Civil and Criminal Harassment in California?
Introduction
At Spodek Law Group, we understand how frightening and overwhelming it can be to face harassment charges in California. Whether you are the victim of harassment or have been accused of this offense, it’s crucial to understand the difference between civil and criminal harassment. With the help of our skilled attorneys, we can guide you through this challenging time and protect your rights.
Defining Harassment in California
In California, harassment is defined as unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and serves no legitimate purpose. This conduct must be such that it would cause a reasonable person to suffer substantial emotional distress and actually causes substantial emotional distress to the victim.It’s important to note that harassment can take many forms, including:
- Verbal harassment (e.g., threats, derogatory comments)
- Physical harassment (e.g., assault, battery)
- Visual harassment (e.g., lewd gestures, displaying offensive materials)
- Sexual harassment (e.g., unwanted sexual advances, requests for sexual favors)
- Cyberstalking and online harassment
Civil Harassment vs. Criminal Harassment
The key difference between civil harassment and criminal harassment lies in how the case is handled by the legal system. Civil harassment is treated as a private matter between the parties involved, while criminal harassment is considered a public offense that is prosecuted by the state.
Civil Harassment
In a civil harassment case, the victim (known as the “petitioner”) files a lawsuit against the alleged harasser (known as the “respondent”) seeking protection and/or damages. The burden of proof in a civil case is lower than in a criminal case – the petitioner must prove their case by a “preponderance of the evidence,” meaning it is more likely than not that the harassment occurred.If the court finds in favor of the petitioner, it may issue a civil harassment restraining order, which can include orders for the respondent to:
- Stay away from the petitioner and their home, work, school, etc.
- Have no contact with the petitioner (including by phone, email, or social media)
- Move out of a shared residence
- Pay damages to the petitioner for emotional distress, medical expenses, lost wages, etc.
Violating a civil harassment restraining order can result in civil or criminal penalties, including fines and jail time.
Criminal Harassment
Criminal harassment, also known as “stalking,” is prosecuted by the state and can result in more severe penalties than civil harassment. In a criminal case, the burden of proof is higher – the prosecution must prove beyond a reasonable doubt that the defendant committed the crime.Under California Penal Code Section 646.9, stalking is defined as willfully, maliciously, and repeatedly following or harassing another person and making a credible threat with the intent to place that person in reasonable fear for their safety or the safety of their immediate family.Stalking is a “wobbler” offense in California, meaning it can be charged as either a misdemeanor or a felony depending on the circumstances of the case and the defendant’s criminal history. Penalties may include:
- Misdemeanor: Up to one year in county jail and/or a fine of up to $1,000
- Felony: 16 months, two years, or three years in state prison and/or a fine of up to $10,000
In addition to these penalties, a conviction for stalking can have serious collateral consequences, such as difficulty finding employment, housing, or obtaining professional licenses.
Factors That Determine Whether Harassment is Civil or Criminal
Several factors can influence whether harassment is treated as a civil or criminal matter, including:
- The severity and nature of the conduct
- The relationship between the parties involved
- The presence of violence or credible threats of violence
- The perpetrator’s criminal history
- The victim’s preferences and cooperation with law enforcement
In some cases, harassment may be both a civil and criminal offense, and the victim may choose to pursue both types of legal action.
Protecting Your Rights in a Harassment Case
If you are facing harassment charges or have been the victim of harassment, it’s essential to work with an experienced attorney who can protect your rights and advocate for your best interests. At Spodek Law Group, our knowledgeable lawyers have a deep understanding of California’s complex harassment laws and can provide the skilled representation you need.
For Victims of Harassment
If you are a victim of harassment, our attorneys can help you:
- Obtain a civil harassment restraining order to protect your safety and well-being
- Gather evidence to support your case, such as witness statements, photos, or recordings
- Pursue damages for the harm you have suffered, including emotional distress, medical expenses, and lost wages
- Coordinate with law enforcement if criminal charges are filed against the perpetrator
We understand the emotional toll that harassment can take on victims and their loved ones. Our compassionate legal team will work tirelessly to hold the perpetrator accountable and help you move forward with your life.
For Those Accused of Harassment
If you have been accused of harassment, it’s crucial to take the allegations seriously and seek legal counsel immediately. Our skilled defense attorneys can:
- Thoroughly investigate the allegations against you and gather evidence in your favor
- Identify weaknesses in the prosecution’s case and develop a strong defense strategy
- Negotiate with prosecutors to have charges reduced or dismissed, if possible
- Zealously represent you in court and fight for the best possible outcome in your case
We believe that everyone deserves a strong defense, regardless of the charges against them. Our attorneys will work diligently to protect your rights, reputation, and freedom.
The Importance of Seeking Legal Help
Navigating a harassment case can be daunting, whether you are the victim or the accused. The legal system is complex, and the stakes are high – your safety, reputation, and future may be on the line. That’s why it’s so important to have an experienced attorney by your side who can guide you through the process and fight for your rights.At Spodek Law Group, we have a proven track record of success in handling both civil and criminal harassment cases. Our attorneys have the knowledge, skills, and resources necessary to achieve the best possible outcome in your case. We take a personalized approach to every case we handle, taking the time to listen to your story, understand your unique needs and goals, and develop a tailored legal strategy that fits your situation.
Conclusion
Harassment is a serious issue that can have devastating consequences for victims and their loved ones. If you are facing harassment charges or have been the victim of harassment, it’s essential to understand the difference between civil and criminal harassment and to seek experienced legal representation as soon as possible.At Spodek Law Group, we are here to help. Our skilled attorneys have extensive experience handling both civil and criminal harassment cases and can provide the strong advocacy you need during this challenging time. Contact us today at 212-300-5196 or visit our website at https://www.federallawyers.com to schedule a consultation and learn more about how we can help protect your rights and achieve justice in your case.