Anti-Harassment If you are feeling threatened, alarmed or harassed by another person or group of people call Eagle Law Offices, P.S. at 206.426.6961 in Seattle or toll free 1.877.579.0650. Our clients come to us from Seattle, Bellevue and most parts of the state of Washington.
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In addition to the immense emotional impacts on the victims of harassment and threats, there are very legal potential ramifications for the one accused of this behavior. The following is a breakdown of stalking and harassment laws in Washington State: Stalking: *Defining Stalking Law (RCW 9a.46.110):
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· Under Revised Code of Washington, Section 9A.46.020, any of the following actions — whether in person or over the phone or internet — could be considered harassment: Threatening to hurt someone. Saying you will damage someone else’s property. Threatening to restrain or confine someone.
Anti-Harassment Orders in Washington State. There are two types of civil protection orders for victims of unwanted, harassing, or unlawful contact from a person with whom they do not reside and which is not domestic violence.
In Washington, this petition must be filed either in a district or superior court within the county where the harassment is occurring or where the petitioner resides.
There is an exception, however, whereby the court can place the order in effect for more than a year if there is a finding that the unlawful harassment would be likely to resume.
A granted order prohibiting future harassment can contain several provisions that will offer the victim protection. It can prohibit any form of contact, direct, indirect, in person, or by any electronic means. It can keep the respondent from going to the victim’s residence, workplace, school, or within a specified distance of the victim. It can order the respondent to surrender firearms and undergo alcohol, drug, or mental health evaluations and to follow up on any recommendations. Generally, the order cannot be put in place for more than one year. There is an exception, however, whereby the court can place the order in effect for more than a year if there is a finding that the unlawful harassment would be likely to resume.
The petition must allege under oath the specific facts that constitute the harassment and that can be brought on their behalf, on behalf of their minor child if the harassment is coming from an adult or, in certain circumstances, on behalf of their minor child against another minor child.
Often, if one party is represented by counsel while the other is not, it can provide a significant advantage to the party that is represented. And since this is a civil action, the court cannot appoint an attorney to the unrepresented party.
This section deals with the circumstances surrounding and the process for obtaining the most common of those: The anti-harassment order for protection. If you or your minor child is being harassed, you may petition the court for an order protecting you from the harassing individual. To prevail, you’ll need to prove that ...
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Need legal representation? 206-209-5585. In Washington state, a threat, no matter how it was meant, can be perceived as harassment and can lead to criminal charges against you. Penalties can vary from fines and probation to time behind bars.
Being charged with harassment is serious. A conviction could leave you in prison for as long as five years. And you could be stuck with up to $10,000 in fines.
We have dedicated our lives to helping the accused. We’re ready to do the same for you. To get started, contact Will & Will at 206-858-1380, or contact us online.
Victims have a right to call the police from which criminal charges can flow.
This is punishable by five years in prison and a $10,000 fine.
Adding to the above, intent is not an issue. Washington State harassment laws specify that there has to be a reasonable belief on the part of the alleged victim that the accused would have or could have actually carried out the threatened action.
Harassment laws in Washington state are very clear about what harassment is and is not. It is more than following someone around or making unwanted comments. Under Revised Code of Washington, Section 9A.46.020, any of the following actions — whether in person or over the phone or internet — could be considered harassment: ...
An antiharassment order is a special type of restraining order which is available only to victims of harassment. It is a civil order of the court telling the person who harassed you not to bother you again.
Any willful disobedience of the antiharassment order by the respondent shall subject the respondent to criminal penalties and the respondent may also be found in contempt of court.
The order for antiharassment will generally last for a maximum of one year or maybe longer if necessary.
The police are notified of your antiharassment order. The order is fully enforceable in any county in the State.
If you're concerned your internet usage might be monitored you can call, chat, or text The National Domestic Violence Hotline, 24 hours everyday, 800-799-7233 or 800-787-3224 (TTY).
A knowing and willful "course of conduct" directed at you which seriously: 1 Alarms you; 2 Annoys you; or 3 Harasses you; and 4 Serves no "legitimate or lawful" purpose; 5 Would cause a reasonable person to suffer substantial emotional distress, and actually causes substantial emotional distress to you.
You may not obtain a temporary order for antiharassment if you have already had two temporary orders against the respondent and not obtained the one-year order, unless you can show the Court good cause for failing to get the one-year order.
For a first-time offender with no criminal history, the minimum jail sentence would be between 1 and 3 months.
In WA State, a gross misdemeanor is punishable by up to 364 days in jail and a $5000 fine.
This means that the prosecutor is preparing to file criminal charges.
Any act that knowingly and maliciously is meant to threaten a person can meet the definition of harassment.
In addition, a No Contact Order is normally court ordered after an arrest for DV harassment. As a condition for release, the court will likely ask you to surrender any firearms that you may own.
In addition, a No Contact Order is normally court ordered after an arrest for DV harassment.
A sarcastic message can result in an arrest. H arassment can be a felony or misdemeanor in Washington State, depending on the nature of the allegations and if there is a personal history of harassment charges. A harassment arrest normally results from an alleged threat to a person’s safety or property.
When unwelcome comments are made to an employee or unprofessional conduct is based on some form of discrimination it is considered harassment. If such behavior interferes with an employee’s work performance or their ability to do their job, then that harassment is considered to have created a hostile work environment.
Here are some examples of harassment which can create a hostile work environment: 1 Leering or staring in a suggestive manner 2 Making offensive comments 3 Using racially derogatory words or phrases 4 Making any type of racial comments 5 Making negative comments about an employee’s religious beliefs (or lack thereof) 6 Making negative comments about an employee’s age (if employee is over 40) 7 Uncomfortable or inappropriate touching 8 Telling inappropriate or sexual jokes 9 Derogatory statements about a person’s mental or physical disability
However, until the law passes, isolated incidents, bullying, or hostile behavior that does not meet the test for full-blown harassment may still go unpunished.
Washington was the 4th state to introduce prospective legislation called the Healthy Workplace Bill, which would protect employees from bullying or hostile behavior on the job. The bill has been introduced several times since 2004, however has yet to be passed into law.
Though there are state laws against general malicious harassment of a person in any environment, including the workplace, there are no federal or Washington state laws in that have been passed outlawing workplace bullying or a “hostile” work environment. Washington was the 4th state to introduce prospective legislation called the Healthy Workplace Bill, which would protect employees from bullying or hostile behavior on the job. The bill has been introduced several times since 2004, however has yet to be passed into law. Should the law pass, workplace behavior would no longer need to meet the high standard of “harassment” in order for a victim to be entitled to legal redress. However, until the law passes, isolated incidents, bullying, or hostile behavior that does not meet the test for full-blown harassment may still go unpunished.
It is not just managers or executives that might harass or create a hostile work environment, any employee is capable of committing this type of harassment. Additionally, victims of harassment extend beyond the employee for whom the offensive conduct is directed. Anyone who is adversely affected by the harassment is also considered to be a victim.
Retaliation. Conduct is considered harassment when it is severe enough to create a hostile work environment. In the case of a supervisor or manager, if their harassing conduct results in a negative change in any employee’s status or benefits, it is considered harassment and a violation of the employees rights under the law. ...
An attorney can also analyze whether the facts in your case are likely to result in the petitioner succeeding under the law of anti-harassment, help you determine when your response is due, help you prepare an effective response, and help you prepare properly for court.
File a timely appeal. If you do not like the decision at the hearing, you can ask that judicial officer to reconsider. If the judicial officer is a commissioner, you can ask for the matter to be reviewed by a judge. You can appeal to the court of appeals.
It is natural to be angry and upset when you are served with an anti-harassment petition. Some people might act before thinking and seek to contact the petitioner. (The petitioner is the person asking the court for an order. You, the person defending against the order, is the respondent.) Along with the petition, ...
You, the person defending against the order, is the respondent.) Along with the petition, you should have been served with a temporary order. The temporary order may prohibit you from contacting the petitioner in any way, including going near the petitioner, sending emails, telephoning or asking others to do those things.