Domestic Violence Harassment

Understanding Harassment in Domestic Violence Cases

Harassment involves behaviors that cause emotional distress or a sense of danger. It can include seemingly harmless actions such as text messages or phone calls. Police reports often miss the complexity of these cases. Defendants face tough battles as prosecutors may already have opinions on their guilt and are ready to oppose them.

Harassment Definition

Pennsylvania Code, Section 2709, outlines two harassment crimes:

1. Cyber Harassment of a Child
2. Harassment

Cyber Harassment of a Child

This crime specifically targets children. It uses electronic means or social media to:

• Threaten harm
• Make disparaging comments about the child’s physical or mental health, sexuality, physical characteristics, or sexual activity

Harassment

Harassment occurs when someone intentionally acts to annoy, harass, or alarm another person. The following actions are considered harassment:

• Making repeated attempts to contact someone
• Sending disparaging or sexual comments via the internet
• Transmitting lewd jokes, pictures, or comments
• Persistently issuing threats
• Following someone in public
• Making contact at inconvenient times
•  

Penalties for Harassment in Pennsylvania

Harassment charges range from a summary offense to a third-degree misdemeanor:

• Summary Offense: Up to 90 days in jail and a fine of up to $300.
• Third-Degree Misdemeanor: Up to one year in jail and a fine of up to $2,000.

Violating a PFA (Protection From Abuse) order or continuing to harass the same victim or their family results in a higher grade penalty. The specific circumstances determine the severity of the penalties.

Examples of Harassment

Here are common examples that can lead to charges:

• Making intentional contact to harm a person
• Repeatedly attempting to contact someone
• Sending disparaging or sexual comments to a minor online
• Threatening someone persistently
• Following someone in public
• Making contact with a person at inconvenient times

The key to harassment cases is proving intent. Did the defendant intend to harm the victim?

Defending Against Harassment Charges

Harassment charges are similar to stalking charges but carry lower penalties. Proving a harassment case is easier for prosecutors, who often use the defendant’s messages and phone calls as evidence. Victims’ statements may also be used in court.

Defending against harassment charges requires ensuring both sides of the story are heard. This usually involves having the defendant testify. Prosecutors will challenge the defendant’s version, but a Greensburg criminal attorney ensures their client’s voice is heard.

Facing harassment charges can be tough. Prosecutors and juries often judge guilt prematurely based on the accusation alone. However, an experienced Greensburg DUI attorney can make a significant difference.

Logue Law Group

If you or a loved one is facing harassment charges, you need a Greensburg criminal lawyer who understands the legal system and will fight for your case. Sean Logue and his team at Logue Law have the experience, tenacity, and empathy required to help you. Call them at 844.PITT.DUI or contact them online. Initial consultations are free for Logue Law Group serves Greensburg, West Virginia, and Ohio.