Riverside Harassment Defense Attorney
Domestic Violence Lawyer in San Bernardino
Have you been served with a civil harassment order? If so, you probably
have no idea what to do or who to turn to. A civil harassment order (CHO)
is a legal document ordering you to stay away from someone. Whether it
was an acquaintance, a neighbor, a coworker or a complete stranger, they
have the right to file a CHO against you, commonly referred to as a restraining
order. The purpose of a CHO is to ensure that the moving party is no longer
harassed, but in many cases the injunction was based on false accusations.
If you have been wrongly accused of harassing another person, then let a
Riverside domestic violence attorney from our firm help defend your honor.
What constitutes harassment in the state of California?
According to the
California Penal Code Section 646.9 stalking or harassment occurs when someone willfully annoy, torments,
and terrorizes a specific person for no legitimate reason. If these actions
cause the harassed individual to experience emotional distress, then legal
action can be taken against the accused. If the alleged harasser/stalker
has made written or verbal threat to install fear into the individual
then they could be seen as a credible threat. This is made evident is
the harassed individual is afraid for their personal safety or the safety
of their immediate family. Whether or not the alleged perpetrator intended
to carry out the threats is irrelevant to the case.
Some examples of harassment may include:
- Repeated telephone calls
- Constant attempts to communicate electronically
- Persistent emails or letters
- Frequent unwarranted visits
Anything that seriously annoys the person for no legitimate purpose could
Harassment Sentencing and Penalties
If you are a first time harassment/stalker offender in the state of California, then
you could be facing up to three years in prison. In cases where there is already a protective order against the defendant,
then they could face four or five years in a state prison. There are also
a number of aggravating factors that can increase your prison sentence
up to five years. A five year sentence could be imposed if:
- You have previous harassment/stalking convictions
- You made criminal threads to the said person
- You also committed acts of domestic battery
- You committed a felony violation of a restraining order
In very severe cases, the court can issue a restraining order for up to
ten years or require that you participate in counseling and receive mental
health treatment while you are incarcerated. Others may be required to
register as sex offenders if their crime conveys them as a dangerous sexual predator.
Defending Against Harassment Charges in Riverside, California
If you feel that you have been falsely accused of
stalking or harassment, then you must take swift legal action to clear your name.
Not only can a civil harassment order limit where you are able to go,
but it can also tatter your reputation and create a negative social stigma
for you. Being served a CHO has many legal consequences; in fact you could
be prevented from owning a gun. In many cases, the court finds that the
accuser does not have any solid evidence and they simply accused the defendant
because that seems like something the defendant would do. Do you need
a lawyer for a harassment charge in Riverside? As a premiere
domestic violence law firm, we can help prove that the accuser does not have any evidence
linking you to the harassing messages. Our attorneys can establish that
your CHO has been wrongly issued and that it should be removed and your
rights should be restored.
Are you searching for an attorney for a harassment case in San Bernardino?
Contact a San Bernardino domestic violence lawyer from our firm today to help defend against your civil harassment order.