Harassment can be a distressing and overwhelming experience, leaving victims feeling powerless and vulnerable. Fortunately, legal protections are in place to safeguard individuals from such behavior. One of the most effective legal remedies available is to obtain an injunction against harassment. Understanding what this legal tool entails, why it is important, and how to obtain it is crucial for anyone facing harassment.
What is an injunction against harassment?
An injunction against harassment is defined as a court order that bars an individual from engaging in acts of harassment against another person. On the other hand, “harassment” is defined as:
- Body injury, physical harm/threat that is likely physical harm/assault
- A series of behaviors/actions that seriously and constantly alarm you have no legitimate purpose and cause you emotional distress.
Typically, there are two types of injunctions against harassment, which include; A temporary restraining order and an injunction against further harassment. These two often vary in the amount they last, with the former going up to 90 days while the latter can last up to 1-3 years.
An injunction against harassment is issued in situations involving non-domestic relationships, like conflicts between coworkers, neighbors, or acquaintances, in contrast to restraining orders, which are applied in cases involving family or domestic relationships.
Why Might an Injunction Against Harassment Be Necessary?
Getting an injunction against harassment has proven to be effective in protecting individuals from ongoing or escalating harassment. Let us discuss various scenarios in which it might be necessary to get an injunction against harassment.
These include:
- Unwanted Contact: In situations where someone persistently contacts you in ways that make you feel uncomfortable, threatened, or scared, either through texts, phone calls, emails, or even physically, an injunction can help stop this negative behavior.
- Stalking: Someone showing up at your workplace, following you home or other places you frequent creepily without a legit reason, it might be time to serve them with an injunction against harassment for your own legal protection.
- Threats of Violence: If you have received threats, verbally or electronically, from someone you are aware of, it is advisable to get an injunction as a protective measure, even if they haven’t acted on the threat yet.
- Harassment in Non-Domestic Relationships: Unlike restraining orders which are applicable in domestic situations, injunctions against harassment are tailored for situations that involve non-domestic relationships. This makes them applicable to a wider range of circumstances.
How to Obtain an Injunction Against Harassment?
Whenever the scenarios stated above happen to occur to you, it would be wise to secure an injunction against harassment. This usually involves several steps and processes, which vary depending on your jurisdiction. However, we will outline a general procedure followed as below:
- Document the Harassment: Before you apply for an injunction, it’s essential to store an exhaustive and detailed record and nature of the harassment. This basically can include dates, times, descriptions of the incidents, and any other relevant evidence, which can include emails, texts, or statements from witnesses. A precise document usually helps the courts understand the severity and frequency of the harassment.
- File a Petition: The next step is then to file a petition with your local court. Your petition is regarded as a formal request for the court to issue an injunction against the person harassing you. In the petition, you might be required to give detailed accounts of the harassment and reasons why you think an injunction is necessary.
- Temporary Orders: In cases where the court believes there is an immediate threat of harm, a temporary injunction/restraining order is issued to the perpetrator, providing you with immediate protection until a full hearing is done.
- Court Hearing: After filing the petition, a court hearing is scheduled. Both you and the person you’re seeking the injunction against will be presented to the court, and each explain their side of the story. The judge then decides whether to issue a permanent injunction.
- Service of the Injunction: If the injunction is served by the court, it must be served formally to the harasser by law enforcement officers. The injunction outlines specific actions the harasser is prohibited from taking, i.e., contacting you or coming close to your home or workplace.
- Enforcement and Duration: As long as the injunction is in place, it is enforceable by law. The harasser can face criminal charges if they violate an injunction against harassment. The injunction will remain active and in effect for the given period, often a year, but can be renewed when deemed necessary.
Whether dealing with unwanted contact, threats, or other forms of harassment, an injunction against harassment can be a powerful tool to protect yourself from persistent and harmful behaviors. It is essential to your legal options, which is crucial in addressing such behaviors that can heavily impact your life.
