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Domestic harassment cases are seldom reported either because the victim does not know his/her legal rights or because it is difficult to prove the harassment. Many times tolerance on the part of the victim and an attempt to make a relationship work also enable the people causing the harassment to go unpunished and for the harassment to continue. Given below are answers to the top five questions about domestic harassment laws: Under what circumstance and how can an individual obtain a restraining order?
One may file for a restraining order if one is being abused, harassed or is a victim of domestic violence. Most state laws may have different opinions on what is domestic harassment. However, most of the times, any kind of threat to cause bodily harm or any act to induce fear in the individual may be considered harassment. Stalking may also be considered harassment in many cases. Can a restraining order be obtained against a 15 year old person for harassing a child?
A parent may have a moral duty to protect his/her child from harassment irrespective of who is harassing the child. Depending on your situation, you may have to either hire a lawyer to help you out or file for a restraining order on yourself. As far as children are concerned, sometimes they may fight and say things to each other that they do not intend. The child’s safety should be one’s priority if things go out of control. Would slander by the relative of an ex-spouse be considered harassment?
Slander is usually verbal and as a result very difficult to prove. However, it may be considered harassment sometimes depending on what was said and how severe the slander is. If one is able to prove the slander, then one may file a lawsuit against the individual for an injunction and damages. Can a domestic harassment charge be filed on behalf of another person?
Unless the victim of the domestic harassment is a minor child, most of the times, the individual who is the victim of the harassment should file the complaint. If the victim is a minor, the parent or legal guardian may file the complaint. It may be difficult to prove the harassment unless one has physical proof or a witness. However, the situation may vary from individual to individual. Would stalking be considered domestic harassment?
Many times domestic violence may start at home and lead to stalking. When a series of threats and harassment is directed towards an individual inducing fear in him/her, it may be considered as stalking. Many times this can lead to acts of violence. Many laws have been created to protect such victims. Harassment can be in many forms and can be of many degrees of severity. It is important for you to know when a situation has gotten out of hand. Asking a family lawyercan help to take the right decisions if you have been a victim of domestic harassment.
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