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Can You Be Arrested for Harassment?

By San Diego Attorney on January 30, 2025

If you are accused of harassment, you could be arrested for harassment and charged with a criminal offense, depending on the circumstances and severity of the alleged behavior. Understanding the legal definition of harassment and the potential consequences is essential to protecting your rights and managing effectively through the legal process.

What Is Harassment?

Harassment involves unwelcome behavior that causes another person emotional distress, fear, or harm. While specific definitions vary by jurisdiction, common elements of harassment include intentional acts, repeated conduct, and a consideration of the impact on the victim.

Defining Harassment

Intentional acts are when the accused deliberately engages in the behavior. Harassment typically involves a pattern of behavior rather than a single incident, so repeated conduct is taken into consideration. Additionally, regarding the impact on the victim, the actions must cause substantial emotional or physical harm to the targeted individual.

For example, in California, harassment is defined under California Penal Code Section 646.9 (stalking) and other statutes, which outline behaviors such as making credible threats or engaging in conduct that causes fear for one’s safety.

Examples of Harassment

Harassment can take many forms, including verbal harassment, such as threats, offensive language, or persistent unwanted communication. Cyber harassment uses electronic means, such as social media or emails, to intimidate or stalk someone. For instance, sending threatening messages via text could lead to criminal charges. Physical harassment includes stalking, intimidation, or physical aggression, such as following someone to their home or workplace. Finally, workplace harassment is any unwanted behavior directed at an employee based on race, gender, religion, or other protected characteristics. For example, sending repeated threatening messages to coworkers could qualify as harassment and lead to legal consequences.

Can You Be Arrested for Harassment?

Harassment can be addressed in both criminal and civil contexts, and an arrest for harassment typically occurs when the behavior meets the criteria for criminal harassment.

Criminal vs. Civil Harassment

Criminal harassment involves actions that violate criminal statutes, such as stalking, threats, or physical intimidation. These behaviors can result in arrest and criminal charges. On the other hand, civil harassment includes non-criminal behaviors that harm another individual, such as defamation or emotional distress. These cases are often addressed through restraining orders or lawsuits rather than criminal charges.

When Can Harassment Lead to an Arrest?

Such criteria that can lead to an arrest may include threats of violence, such as making credible threats to harm another person. For example, threatening to harm someone’s family may be prosecuted under California Penal Code Section 422. A violation of restraining orders includes ignoring court-mandated no-contact orders. An example of this is approaching the protected individual or attempting to communicate with them through social media. Stalking is repeatedly following or monitoring someone’s activities in a way that causes fear.

California law treats stalking as a serious offense, punishable by imprisonment under Penal Code Section 646.9. Law enforcement must determine that the alleged actions are severe enough to warrant an arrest based on probable cause.

What Are the Legal Requirements for an Arrest for Harassment?

For an arrest to occur, law enforcement must have probable cause to believe that the accused engaged in behavior that meets the legal definition of harassment and the actions caused harm or fear to the victim. Further, violating a restraining order is a common reason for arrests related to harassment.

Probable Cause for Arrest

Evidence such as witness statements, electronic communications, or surveillance footage may be used to establish probable cause. For example, emails or texts containing explicit threats can be critical in proving harassment.

Restraining Orders and Harassment

Examples of violating a restraining order include approaching the protected person’s home or workplace, sending prohibited communications, such as emails or text messages, or attempting to contact the protected individual through third parties.

Under California Family Code Section 6320, restraining orders may include provisions prohibiting harassment, stalking, and contact in any form. Depending on the severity of the violation, violating these orders can lead to misdemeanor or felony charges.

The Arrest Process for Harassment Cases

Law enforcement takes harassment allegations seriously, and has a specific process for arrest. Hiring a San Diego criminal defense lawyer is crucial at this stage to build a strong defense and protect your rights.

How Law Enforcement Handles Harassment Allegations

When a harassment complaint is filed, law enforcement may investigate the claims, such as interviewing witnesses, reviewing evidence, and assessing the credibility of the allegations. They can also issue warnings to the accused to cease the behavior in less severe cases. Finally, they make an arrest if the evidence supports probable cause. For example, if law enforcement finds multiple threatening text messages sent over several days, this could lead to an immediate arrest.

What Happens If You Are Arrested for Harassment?

Being arrested for harassment typically involves booking, where the accused is taken into custody, fingerprinted, and photographed. The initial hearing follows, where a judge reviews the charges and determines bail. Then, there’s the pre-trial process, where the accused may enter a plea, and the court schedules future hearings.

Potential Consequences of Being Arrested for Harassment

California Penal Code Sections 422 and 646.9 outline specific penalties for criminal harassment, including heavier penalties for cases with aggravating factors, such as prior convictions or the use of weapons. In addition to criminal penalties, individuals accused of harassment may face civil consequences.

Criminal Penalties for Harassment

Penalties for harassment depend on the severity of the charges and may include misdemeanor charges, which are up to one year in county jail, fines up to $1,000, or both, or felony charges, which can include multiple years in state prison and fines exceeding $10,000 for severe cases (i.e., stalking or harassment involving threats of violence).

Civil Consequences of Harassment

Restraining orders are court orders prohibiting contact with the victim. Civil lawsuits allow victims to seek compensation for emotional distress, lost wages, or other damages. For example, a workplace harassment case might result in criminal charges and a civil lawsuit for monetary damages.

How to Defend Against Harassment Charges

There are several effective defenses against harassment. However, a skilled criminal defense attorney is essential for defending against harassment charges.

Common Defenses in Harassment Cases

Lack of intent demonstrates that the accused did not intend to cause harm or fear. There are also false allegations where evidence proves that the accusations are untrue or exaggerated. For example, proving that the accuser has a motive to fabricate claims can weaken their case. Also, constitutional rights mean that the accuser’s actions, such as free speech, are protected under the First Amendment.

The Importance of Legal Representation

A skilled criminal defense lawyer can analyze the evidence to identify weaknesses in the prosecution’s case, negotiate plea deals to reduce charges or penalties, and advocate for dismissal if the allegations lack sufficient evidence.

How Can You Protect Yourself from False Harassment Allegations?

If you are falsely accused of harassment, there are steps you can take to strengthen your case. There are also ways you can avoid harassment allegations.

What to Do If Falsely Accused of Harassment

First, document interactions, including all communications with the accuser. Avoid contact and refrain from engaging with the accuser to prevent escalation. You also want to hire a lawyer, as seeking legal advice can immediately help you build a defense.

Preventing Harassment Allegations

To avoid harassment allegations, maintain professional boundaries and avoid behaviors that could be misinterpreted as threatening. Respect restraining orders and comply fully with court-mandated no-contact provisions. Communicate clearly, using respectful and professional language in all interactions.

Protect Your Rights if Accused of Harassment

If you are facing harassment allegations, protecting your rights is critical. At jD Law Criminal Defense Attorneys, we specialize in defending harassment charges and securing your due process rights. Speak with firm founder James N. Dicks today at (760) 630-2000 for exceptional legal guidance.