Experiencing any form of harassment can make you feel scared or even helpless, but there are steps you can take to stop someone from harassing you legally. Begin by sending a harassment cease-and-desist letter. If further action is needed, recording interactions, getting a restraining order, and contacting law enforcement can help you take a stand against harassment.
Key Takeaways
- You can combat harassment by creating a cease and desist letter, gathering proof of harassment, filing for a restraining order, and contacting the police if necessary.
- Cases of workplace harassment, extreme emotional distress, and criminal activity can provide grounds for suing someone for harassment.
- Asking someone to stop and blocking their access to you on social media or over the phone can help reduce the level of harassment.
What Is Considered Harassment?
Harassment is a repetitive behavior that threatens, offends, or demeans the victim. Harassment must be uninvited, unwanted, and unwelcomed behavior. It often results in creating a hostile environment for the victim.
Types of harassment can include (but are not limited to):
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Sexual harassment: Unwanted sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
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Sexual abuse: Any form of non-consensual sexual contact or behavior.
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Harassment at work: This includes any form of unwelcome behavior by coworkers, superiors, or clients that creates an intimidating, hostile, or offensive work environment.
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Threats of violence: Communicating intentions to cause physical harm or fear.
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Menacing: Engaging in actions that intimidate or threaten another person.
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Verbal abuse: Insults, name-calling, or offensive remarks.
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Constant phone calls or text messages: Repeated, unwelcome calls or messages that can be threatening or harassing in nature.
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Stalking: Repeatedly following, watching, or contacting someone in a way that causes them to feel afraid or harassed.
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Cyberstalking: Using electronic means, such as the internet, social media, or email, to harass or stalk someone.
Harassment is a crime, and the harasser may have to serve time in jail if convicted. You also have civil law remedies: a restraining order or possibly a lawsuit.
Keep in mind that intention is crucial for a harassment claim. Your harasser must intend to make you feel threatened or afraid. You can prove this if they continue their actions after you tell them to stop.
It is not enough that a person mistreats you. You must tell them to stop. If you tell them “no,” any following action has the intent to harass.
What to Do If Someone Is Harassing You
It can be hard to know what to do if someone is harassing you, but you can take the following steps to stop someone from harassing you:
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Tell Them to Stop
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Send a Cease and Desist Letter
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File a Police Report or call 911
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Get a Restraining Order
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Keep Detailed Records
1. If You’re in Danger, Contact the Police
Call the police immediately if you feel threatened with imminent harm. If you are uncertain, call the police. If you have a restraining order, call the police and have them enforce it. Your harasser may break other laws, and police can arrest them for those or the harassment.
Call 911 if it is urgent. Call the regular police phone line if not.
2. Send a Harassment Cease-and-Desist Letter
To get someone to stop harassing you, you can start with a cease-and-desist harassment letter.
If you are not in immediate danger, send the person a cease and desist letter and keep copies for yourself. How do you stop harassing texts and calls? It starts with a cease and desist letter. How do you stop someone from harassing you on social media? The same. This letter is a powerful tool, and it may stop harassment.
Telling your harasser to stop, in writing, creates an official record of you saying “no.” While this letter is not legally enforceable, it is clear evidence that you have rejected your harasser’s actions — which you may need later.
Cease and Desist Letter Costs
The cheapest way to send a cease and desist letter is to use a template and send one yourself. However, if your situation is more complex, you may need the help of a lawyer to draft your letter. But the cost of a cease and desist letter drafted by a lawyer varies in price.
3. Keep Records of Harassment
You need to build your legal case. Start a log or notebook where you write about every incident and interaction, including its date and time. Do this as soon after the event as you can. Having clear proof helps stop the harassment. If you experience workplace harassment, consider filing out an employee complaint form to notify the company and serve as a record of your experience.
Keep all of your texts and emails. Photos and screenshots are also good evidence. Recordings, like messages left on your answering machine, are also evidence. If the harassment occurs in front of other people, write down their names and phone numbers. You may request that they be witnesses later or sign an affidavit of what they witnessed.
4. Apply for a Restraining or Protection Order
A restraining order (protection or no-contact order) is an enforceable legal document that stops a harasser from repeating problematic behavior. A court grants this order, and the police enforce it. You will need to serve notice to the harasser according to the guidelines for your state. Once the harasser receives notice, the order goes into effect.
The judge tailors the order to the harasser’s specific actions and often requires that the harasser remain a certain distance (e.g., 50 feet) from you. The order will also limit the times, purposes, and methods of their behavior.
In most places, you start an application at the police station. In an emergency, you can sometimes request a temporary order if you can show that you are in imminent danger.
5. Enforce a Restraining Order
The police can enforce the order, making the harasser comply. Note that some orders (stay away) are more accessible for the police to enforce than others (child support). They can also arrest the harasser and put them in jail, charging them with harassment or other crimes, if warranted.
Courts enforce that order by asking the court for civil contempt of court for violating the order. If you can prove continued harassment after receiving notice of the order, they may have to pay a fine and/or serve time in jail. Criminal contempt is also a possibility. That process involves the police and prosecuting attorneys.
How to Legally Tell Someone to Stop Contacting You
Tell someone to stop harassing you by explaining your feelings, providing examples of their harassment, and clarifying that their behavior is unwanted and hurtful. You can legally ask someone to stop contacting you with direct statements such as:
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Please stop calling me
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Do not reach out to me again
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Your text messages are making me feel uncomfortable
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Your attention is unwanted
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Stop harassing me
If your communication proves ineffective and you feel immediately threatened by your harasser, contact law enforcement and show proof of repeated harassment.
Dealing With Social Media and Phone Harassment
Stopping harassment via social media or over the phone can be done by removing their ability to contact you. Begin by asking the harasser to stop, and if they continue, you can pursue further action, such as:
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Not engaging with the harasser
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Muting or blocking their number or account
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Reporting the account for harassment
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Recording harassment and taking legal action
Can You Sue Someone for Harassment?
Yes, depending on the situation, you may have legal grounds to sue someone for harassment. The most common causes for suing for harassment include:
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Workplace harassment: You can sue someone for repeated harassment and unwanted advances that violate the company harassment policy. Having HR reports or statements from coworkers may help strengthen your case.
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Emotional distress: You can file a civil claim to sue for emotional distress by providing proof that the harasser intended emotional harm and performed repetitive, unwanted actions.
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Restraining orders: You can sue in civil court to get a restraining or protection order from the judge, especially if you have concerns about your safety.
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Criminal charges: In extreme cases where harassment evolves into illegal activities, such as stalking or threatening you, you can pursue criminal charges against the harasser.
If you have enough reason to go through with a lawsuit, you may also begin the process by sending a letter of intent to sue. This informs your harasser of your ability and intention to take legal action against them, and may prompt them to stop harassing you or negotiate a settlement outside of court.
The laws regarding civil suits vary by state. Consider checking local legislation or getting guidance from a lawyer for legal action.
Civil Suits for Harassment
You can also sue your harasser in civil court, but these cases are rare. In civil court, the case becomes about money lost. You can sue to get those costs back if you have hospital bills, lost work, or pain and suffering. The drawbacks are that these cases can take a long time, and if your harasser doesn’t have money, it will be hard to get them to pay a judgment.
How Legal Templates Can Help You
Harassment is no small matter, and it can require legal action to protect yourself and the people around you. Sending a harassment cease and desist letter can warn the harasser that you wish to take action against them and provide proof and grounds for further legal action.
Legal Templates has easy-to-use cease-and-desist letter templates that allow you to create your notice and add all the necessary information for various situations. Serving your harasser with this letter can motivate them to reevaluate and stop their harmful actions.
Frequently Asked Questions
Can I call the police for harassment?
You can call the police for harassment if you feel there is a risk of criminal activity or immediate danger. Typically, if you experience stalking or threats of violence, the police can get involved, but less urgent harassment scenarios may not require police involvement.
What can the police do about harassment?
In a harassment case, the police can issue restraining orders, warn or fine your harasser, or pursue criminal charges. The exact actions of the police depend on the situation and the people involved.
What if someone won’t stop contacting me?
If someone won’t stop contacting you, try starting with a cease and desist letter, and if it continues, consider getting a protection order, contacting the police, and pursuing civil charges.
