Does Harassment Reported To Police Has To Involve Threats
Harassment might be a silent act and does not have to involve threats. To constitute harassment, the harassers action only needs to cause the victim alarm or distress and be an action that took place more than once. Sometimes, if the victim knows that there is something out there on the internet about him, that is enough to constitute harassment even if the content does not include explicit or implied threats. Just to know it is there could be sufficient to be harassment. You can read more about What is Online Harassment.
A Look At Legal Proceedings
Even if youve been through a court case before, this particular process can seem daunting. Long does her best to demystify the legal process for Allure and explains each step, pointing out that because each state, jurisdiction, and case is so different, it’s hard to generalize about what the legal process looks like. But in general, after a police report has been filed and charges have been pressed, a detective is assigned to the case. The detective conducts interviews with the survivor and the defendant while gathering and evaluating evidence. When the case is finally pulled together, it’s sent to the prosecutor, who decides what the charges should be.
Its during this step that many cases are dropped due to lack of evidence, though others still make it further in the process. Next comes a preliminary hearing or a grand jury, at which time evidence is presented. During the discovery period, the prosecutor hands over all of the evidence gathered thus far to the defense. This stage of the trial can take up to six months, Long tells Allure. This can be frustrating, she says, but often this stage takes so long because the prosecutor is trying to protect the survivor’s privacy.
What Is The Difference Between Online Harassment And Offline Harassment
In terms of the law, online harassment and harassment that occurs on the street are exactly the same. Just because someone is not screaming at you to your face, does not mean that their actions towards you are less hurtful. Online harassment is often more difficult to investigate, and the police are less likely to arrest people and call them for police interviews. The police understand less the mechanics of harassment on the internet and often the investigations that are required to identify and locate the offender are time consuming and costly. The police also appear to take into consideration the fact that harassment is not only a criminal offence but a civil wrongdoing also, which means you can take legal action yourself without the police help and so far as the police is concerned, still achieve the same outcome.
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New York City Department Of Correction
How To Report Harassment To The Police:
Now that you know what happens, in a vague sense, once you file a police report for harassment, its time to talk about some of the other important steps in the procedure, such as reporting the harassment in the first place. How should you go about it?
This depends on the situation that you are in, and the harassment in question. If you are under imminent threat or danger, or the harassment is very severe, you should call 911 straight away, or contact the local police station so that they can send officers around to your location as soon as they are able. They will then investigate the matter, ask you questions, and take the necessary steps and action.
If the harassment is not as imminent or as threatening, but it is still harassment and therefore something that should be stopped, then you should get in contact with the local police about filing a report. You might be able to phone or do this online, but the best way is to go in person so that they can take your statement in person and explain the process thoroughly.
As to filing the report, here are some helpful tips that you should know about beforehand:
Basically, the more information and evidence that you have, the better the police will be able to help you!
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What If The Police Refuse To Register My Complain Of Harassment
It is very unfortunate that the police often tell victims of harassment that there is nothing the police can do about online harassment. You do not have to accept this because online harassment is a criminal offence. It is just a bit more challenging for the police to handle. There are cases, where we have urged our clients to return to the police station 4 or 5 times and insist that the police starts investigating their matter.
We always advise that when you go to the police station, you take all the evidence with you. You must document everything that you are experiencing and make copies of emails, screenshots, text messages, website addresses, dates of when things happened and so on and place it all in a folder to make it easy for the police to review. Dont take no for an answer and if the police sends you away, leave your file evidence with them at the police station with whoever is minding the front desk, who often by the way, is not a trained police officer.
How To Deal With Harassment Tips And Advice:
Just as a little extra, we wanted to include some tips and advice on what to do, and what not to do, if you are being harassed:
Things you should do:
- Ask the person harassing you to stop
- Communicate your boundaries and make it clear that what you are experiencing is unwanted, and therefore harassment
- Keep any and all evidence of the harassment, as well as a timeline and a summary of everything that you experience
- Talk to loved ones and to people close to you about the matter
Things you should not do:
- Do not answer any attempts of contact from the person harassing you
- Do not retaliate with harassment, let the authorities handle the situation, or else you will also be at fault
- Do not feel ashamed, or guilty. This is not your fault, you are the victim, and do not deserve to be harassed in any way, shape, or form.
- Do not wait for the police to act, take some protective measures of your own, such as informing loved ones, and staying safe.
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Is It Harassment For My Ex To Constantly Email Message And Call Me
Harassment often happens when an ex-wife, or husband start to constantly email, messages and call their former partner. This situation could be tricky but whether they constitute harassment, would depend on how the constant communication is making you feel. If you feel that your ex is harassing you and you feel distressed and anxious about it and have told your ex to stop, then it is harassment.
If the incidents are all related and close together and you feel oppressed by them , then harassment is occurring. If you are not distressed by them, then it might be best to just ignore them and hopefully, your former partner will eventually give up. If your ex-partner continues with what you perceive to be harassment, which starts to cause you distress, contact the police with all the evidence. Or if you want to take it down the civil court route, or obtain across the board advice about your option, contact us or another specialist harassment lawyer.
What Constitutes Harassment
Harassment can take place in a number of different contexts, including in-person, over the telephone, and through online channels, such as social media or email . Every state defines harassment differently. Therefore, the first task is to determine if the specific behavior that the victim is being subjected to constitutes harassment in that person’s state.
While many criminal charges only require proof that the defendant committed a specific act for the prosecution to prevail at trial, harassment is a bit different as it requires specific intent. In other words, the state must prove that the defendant committed an act intending that these acts or statements would harass the victim and cause distress.
Harassment may involve acts or non-verbal communications as well as explicit statements of an intent to harm. It is possible for a defendant to harass a victim without ever saying a word, as in cases in which the defendant shows up repeatedly at the victims workplace or home. Often, actions that would be considered stalking behavior qualify as harassment.
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What Can You Do About It
If youve experienced this kind of harassment you can contact your local authority and they can take action against your landlord. You can also can contact the police.
If youre harassed by your landlord you may need advice from an experienced adviser – for example, at a Citizens Advice local office.
Filing A Police Report Online
This system allows you to submit a report from your computer or mobile device without going to an OPP detachment. All submissions will be sent directly to the OPP and reviewed by an officer. You may be contacted to provide more information. You must have a valid e-mail address in order to submit a report.
To file a report online, please follow the simple steps below:
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Safety Planning & Tips
Yes. The safety exit button featured on our website can quickly remove you from our website at any time and redirect you to . However, this button will not erase your history and cookies from your computer. Learn how to erase your computer’s history and cookies through Safety and Crime Prevention Tips.
A safety plan is a personalized, practical list of strategies that can help you reduce or eliminate dangerous situations, and inform you about the best ways to react when you are at risk.
Every situation is different. To develop a detailed personalized safety plan, please call the NYC 24-hour Hotline at 866-689-HELP to be connected with a victim advocate who can help you create one.
In addition, an NYPD crime prevention officer may be able to conduct a security survey of your home or business, as well as provide you with recommendations on improved safety options.
The Department’s Safety and Crime Prevention Tips contains information on protecting your personal property, burglary prevention, credit card fraud, identity theft, and other helpful safety tips.
Penalties For Online Harassment
An online harassment charge is serious. Depending on the severity of the accusation and the number of offenses, it can range from a Class A misdemeanor to a third-degree felony . Class A misdemeanors are punishable by up to a year in jail and fines of up to $4,000. Third degree felonies can land someone in jail for 2 to 10 years and may have fines as high as $10,000.
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Undocumented Victims Of Crime
The city’s Confidentiality Policy prohibits New York City employees, including NYPD officers, from asking about your immigration status. If you are an undocumented immigrant who is a victim of a crime, you may report the crime to the New York City Police Department without fear of being investigated for your immigration status.
U nonimmigrant status provides victims of certain crimes with temporary immigration status if these victims are, have been, or are likely to be helpful in investigation and prosecution of a crime. Pursuant to federal law victims must also meet additional criteria, including suffering substantial mental or physical abuse as a result of the crime. The NYPD does not provide U nonimmigrant status or immigration benefits
Bomb Threats By Telephone
If you receive a bomb threat over the telephone, Ready.gov provides the following information on what to do:
- Get as much information from the caller as possible. Try to ask the following questions:
- When is the bomb going to explode?
- Where is it right now?
- What does it look like?
- What kind of bomb is it?
- What will cause it to explode?
- Did you place the bomb?
The Department of Homeland Security also provides a helpful telephone bomb threat checklist.
Get more information on what to do if you receive a bomb threat or find a suspicious item.
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The National Flagging System For High
Officers who have been investigating an offender who they believe is at high risk of committing serious violent or sexually violent crimes should consider contacting their provincial or territorial NFS Coordinator in order to obtain information about the offender and/or to suggest the offender be added to the National Flagging System for High-Risk Offenders. This system identifies the highest risk violent and sexually violent offenders nationally who are considered prime candidates for Dangerous and Long-term Offender applications. In addition, the system provides for a flag on CPIC, facilitating broad sharing of information about these offenders nationally among police and Crowns, regardless of which provincial or territorial jurisdiction made the identification. Each province and territory has a National Flagging System Coordinator who identifies individuals that should be flagged, and who coordinates the collection of information about the offenders. The coordinators also facilitate the transfer of this information to police and Crown prosecutors upon request.
The NFS alerts police to the fact that they are dealing with a high risk violent offender immediately upon the officer or member performing a CPIC check, and alerts Crowns to potential dangerousness. This assists in the proper handling of the individual from his or her encounter with police through to sentencing.
What Can I Legally Do About Harassment
If the court decides that the incident is harassment, it can order the person harassing you to stop their behavior. If they dont stop, its a criminal offense, and they can be prosecuted in criminal court. Making a civil claim can also help you get compensation, a restraining order, or an Order of Protection.
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Major Forms Of Phone Harassment
Even though phone harassment comes it many forms, they all share a very common similarity which is that they rob you of your privacy and sense of security. Here are the most common forms of phone harassment.
1. Blocked or No Caller ID Calls
Blocked or no caller ID phone calls are phone calls where it is not possible to view the incoming caller ID number. To place a blocked call from a landline or smartphone, all you need to do is dial *67 before the phone number you want to call. More often than not, someone that is calling you with no visible caller ID, and they do not want to reveal their identity, usually dont have your well-being in mind.
2. Robocalls & Spam Calls
This is another very common form of phone harassment. Every month in the United States alone, about 3 billion unwanted spam and telemarketing calls flood consumers smartphones.
Spam calls, especially those that are illegal, are a form of phone harassment that pose a severe threat to the security of your personal and financial information. Phone scammers pose as the IRS, banks, and loan services and call you in attempts to steal from you over the phone.
Another tactic that is used for placing spam calls is known as neighbor spoofing. This is a form of harmful caller ID spoofing that allows spammers to place calls that look like they are coming from a phone number in your local area code. This way, people will be more likely to pick up the call because it looks familiar to them.