Harassing Without Hurting: Legal Ways To Annoy

Harassment is a serious issue that can take many forms, including sexual harassment, sexual abuse, threats of violence, stalking, and cyberstalking. It is a repetitive behaviour that threatens, offends, or demeans the victim, and it is essential to understand what constitutes harassment and what legal actions can be taken to stop it. While petty slights and isolated incidents may not rise to the level of illegality, it is important to recognise that harassment is a crime, and those who engage in it may face legal consequences, including serving time in jail. Victims of harassment have several options for legal recourse, including restraining orders, civil lawsuits, and criminal charges. Additionally, in the case of workplace or housing discrimination, victims can seek help from the Equal Employment Opportunity Commission or the U.S. Department of Housing and Urban Development, respectively.

Send a cease-and-desist letter

A cease-and-desist letter is a formal notice demanding that an individual or organisation stop performing illegal or unauthorised activities. It is a pivotal first line of defence, offering a swift and cost-effective means to assert your rights and demand the cessation of unlawful activities.

Cease-and-desist letters are not legally binding, but they are often sent before taking the drastic step of filing a lawsuit. They are a good way to begin the process of stopping someone from engaging in an activity that is harming you in some way.

Step 1: Write the Letter

Writing a cease-and-desist letter is a straightforward process. Here is what to include:

• Contact information: Include the name, address, and contact information of both the sender and recipient, as well as the sender's legal representation (if applicable).
• Date: The date you write or send the letter.
• Description of infringement: Explain the hurtful activity you are alleging, including specific details. If the activity has caused you irreparable harm, you may want to mention that too.
• Statement of rights: Outline your legal rights, including any trademarks, copyrights, or other legal protections you believe are being violated.
• Demand to cease: Insist that the alleged activity stop. Include specific actions the recipient should take to comply.
• Legal consequences: Send a warning that there will be legal consequences if the recipient does nothing to change their behaviour. This could include a mention of a lawsuit or other legal proceedings.
• Deadline for compliance: State a reasonable deadline by which the recipient must cease the offending activity.
• Evidence: If you have evidence supporting the claims of infringing activity or wrongdoing—such as photographs, screenshots, or previous communications—include it with your letter.
• Signature: Either you or your attorney can sign it, but the document must be signed.
• Disclaimer: Note that the contents of your letter are for informational purposes only and are not to be interpreted as legal advice.

Step 2: Send the Letter

Once you've written your letter, the next step is to send it. Here are some things to keep in mind:

• Send it via certified mail: Sending it by certified mail will provide you with a record that it has been sent and will require a signature from the recipient, so you'll know when they receive it.
• Keep a copy: Make sure to keep a copy of the letter for your own records.
• Follow up: If the recipient does not take action within the deadline provided, it's vital to take additional steps. You can do this by obtaining a cease-and-desist order from a judge, which usually includes providing proper evidence and any records you have.

Pros and Cons of a Cease-and-Desist Letter

Pros:

• You can send notice to the offender immediately.
• It saves time and money.
• It serves as a record of notice for future legal action.

Cons:

• The recipient can simply ignore your takedown request.
• You may still need to invest in additional legal help and brand protection services.
• They will not protect you from future attacks.

When to Send a Cease-and-Desist Letter

Cease-and-desist letters can be used in a variety of situations, including:

• Harassment
• Defamation of character (libel or slander)
• Fraudulent credit card charges
• Harassment due to non-payment of debts
• Personal disputes with neighbours, landlords, roommates, etc.
• Contract violations
• Harassment, stalking, and other invasions of privacy

Keep records of the harassment

Keeping a record of instances of harassment is crucial for building a legal case and protecting yourself. Here are some detailed steps and guidelines to help you keep accurate and comprehensive records:

Document Every Incident:

No matter how minor an incident may seem, make sure to include it in your log. Recording a range of incidents, from minor to major, can help establish a pattern of harassing behaviour and possibly demonstrate an escalation. Write down the details as soon as possible after each incident to ensure accuracy and minimize the risk of forgetting important information.

Note All Relevant Details:

For each entry in your log, be sure to include the date, time, and location of the incident. Note who the harasser was and what specifically they did or said, being as specific as possible. Include information about any witnesses, such as their names and contact information. Additionally, mention whether you reported the incident to anyone and what actions were taken as a result.

Collect Various Forms of Evidence:

Harassment can take many forms, including verbal, written, or visual. For written evidence, such as emails, letters, or text messages, be sure to keep copies or take screenshots. For visual evidence, take photographs or videos of offensive displays, objects, or pictures. If there are witnesses, ask them to write down what they saw or heard, as this can strengthen your record.

Include Your Emotional Reactions:

Don't be afraid to document your feelings and emotional reactions to the harassment. Your personal reactions can be an important part of your case, helping to demonstrate the impact of the harassing behaviour.

Keep Records Safe:

Ensure that you keep your notes and records in a safe place. Avoid storing them on work devices, as you may not have access to them if your work situation changes. Consider keeping a dedicated notebook or folder, both physically and digitally, for all your records.

Seek Legal Advice:

If you are experiencing harassment, consider contacting a lawyer specializing in harassment cases. They can provide guidance on what type of evidence you need to collect and help you build a strong case.

Remember, keeping a comprehensive record of harassment is crucial for taking legal action and holding harassers accountable. It can also help you establish a timeline and evolution of the harassing behaviour, which can be pivotal in proving your claims.

Apply for a restraining order

A restraining order (also known as a protective order) is a legal avenue to explore if you are facing verbal, physical, or sexual abuse from a spouse, parent, child, dating partner, or acquaintance. The specific process for obtaining a restraining order varies from state to state, but there are some general steps and principles that apply across the board.

Firstly, it is important to understand the two types of restraining orders: temporary and permanent. A temporary restraining order, also known as an ex parte order, can be obtained quickly, often by filling out a complaint form. This type of order can provide immediate protection and typically lasts around 10 days, after which you will need to pursue a permanent order if you still require protection. To obtain a permanent restraining order, you will need to go to court and present your case before a judge.

When preparing your petition, be sure to include specific facts and details of the abuse or harassment you have experienced. For example, instead of saying "they abused me repeatedly," you should state something like, "on [date], at [place], in front of [witness(es)], they struck me and threatened me." This level of detail is crucial for your case. You should also be comprehensive in your petition, including all relevant allegations, as the court will likely not consider any allegations that are not included.

In terms of evidence, you will need to provide direct or circumstantial proof of the abuse or harassment. Direct evidence could include witness testimonies, police reports, medical records, photos or videos of injuries, and so on. Circumstantial evidence, on the other hand, requires an inference to be made to conclude that a fact exists. For example, if you have a police report or testimony from a law enforcement officer, this can show that you were afraid enough to call the authorities and that your concerns are reasonable.

In some states, you may also need to establish that you are in a qualifying relationship with the respondent (such as a current or former spouse or intimate partner) and that you are reasonably in fear of imminent physical violence. It is always a good idea to consult with a family law attorney or domestic violence attorney, as they can guide you through the specific requirements and processes in your state. They can also provide legal representation in court if needed.

Once you have gathered your evidence and prepared your petition, you will need to fill out the necessary court forms and submit them to the courthouse. The specific forms may vary depending on your location, but most courts have forms specifically for restraining orders. After submitting your request, a judge will decide whether to grant you temporary protection while your case is being reviewed. If the judge grants you a long-term restraining order, it can last for several years, providing you with ongoing protection from your abuser.

File a complaint

If you are being harassed, it is normal to feel frustrated and helpless. However, you are not alone, and there are laws in all states designed to protect you from such treatment. If the harassment is affecting your work, you may be undergoing emotional and psychological stress, and someone should be held responsible for helping you recover.

How to File a Complaint

Document the Incidents

It is important to record the dates, times, and locations of each incident, as well as the details of the harassment, such as what was said or done. It is also crucial to collect supporting evidence such as emails, text messages, witness statements, letters, gifts, photos, etc.

Review Company Policies and Reporting Procedures

Every company should have a workplace harassment policy that outlines the steps for placing a complaint, including the contact person. Identify the right person or department to report the incidents to.

Follow the Internal Reporting Process

This process usually involves meeting with the designated person or department, providing a detailed account of the incidents, submitting a formal complaint, and providing any documentation or evidence supporting your complaint.

File a Complaint with an External Agency

If your employer does not follow through on your internal complaint, you can file a complaint with an external agency. For example, in Georgia, you can file with the Georgia Department of Labor or the Equal Employment Opportunity Commission (EEOC). Many other states will have similar organizations.

Cooperate with the External Investigation

Respond promptly to any requests from the external agency, provide any additional evidence, and maintain open communication throughout the process.

Take Legal Action if Necessary

Most workplace harassment cases are complicated, and the internal or external investigation may not be satisfactory. In such cases, you can seek legal action with the help of an attorney. You can file a lawsuit after receiving a right-to-sue letter from the EEOC, usually within 90 days.

Testify in Court if Needed

If your harasser is brought up on criminal charges and does not plead guilty, the prosecutor may want you to testify in court. This can be emotionally traumatic, and you are never required to testify, regardless of what the prosecutor may say.

Additional Steps to Stop Harassment

• Tell the harasser to stop calmly and clearly.
• Send a cease-and-desist letter to create an official record of you saying "no."
• Keep records of the harassment, including a log of incidents, and any texts, emails, voicemails, etc.
• Apply for a restraining or protection order to legally prevent the harasser from contacting or coming near you.
• Call 911 if you are in immediate danger or if an incident of harassment is in progress.
• Contact the Civil Rights Division of the Department of Justice if you believe your civil rights have been violated.

Take it to court

If you are experiencing harassment, you can take legal action to stop it. While laws vary from place to place, there are general trends in the legal remedies available to you.

Firstly, you should calmly and clearly tell the harasser to stop. You can say something like, "I feel threatened when you yell at me" or "Your texts are making me uncomfortable".

If you are in danger, contact the police. They can enforce restraining orders and arrest the harasser for breaking other laws or for harassment. If you are not in immediate danger, you can send a cease-and-desist letter to the harasser, creating an official record of you saying "no".

You can also apply for a restraining or protection order. A restraining order is an enforceable legal document that stops a harasser from repeating their behaviour. A court grants this order, and the police enforce it. The process for applying for a restraining order varies by state, but it usually starts at the police station. In an emergency, you may be able to get a temporary order if you can prove you are in imminent danger.

If you have reported the harassment to the police and they have decided not to prosecute, or if the harasser has been prosecuted and found not guilty, you can still take the harasser to civil court. You can take someone to civil court if they have harassed you more than once, including stalking, and the harassment has caused you distress or alarm. The court can order the harasser to stay away from you, and award you compensation. If the harasser continues their behaviour after receiving an injunction, they have broken the law and may face prison time.

It is important to keep records of the harassment, including dates, times, and any witnesses. This will help you build a legal case. Keep all texts, emails, voicemails, and take screenshots or photos as evidence.

Frequently asked questions