31-year-old Cherish Gomer was charged with three 3rd-degree felony counts each of stalking with a prior conviction and violation of a permanent criminal stalking injunction in connection with three alleged visits to the property of American singer and rapper Post Malone, beginning in late July. This case shows that male victims of stalking also exist.
Distinctions need to be considered between the criminal and civil cases when dealing with a matter of harassment. One might say that all forms of harassment are dealt with in more or less the same way, and that is just not true.
Both types of harassment have to do with different laws and inclinations toward different standards of proof. State laws go further into the treatment of these cases. Knowing how to file harassment charges in California and other states guarantees the protection of your rights.
These distinctions have to be discussed to reveal the nuances of anything that may affect both the victim and the accused.
Let’s discuss the key differences between criminal and civil harassment cases so you know how to handle both kinds of cases.
Definitions of Criminal and Civil Harassment
There are distinct differences between criminal harassment and civil harassment under the law. Typically, criminal harassment involves acts or threats that aim to cause fear in a person. It may be stalking, threats, or repeated unwelcome telephone calls done with the purpose of intimidating another individual.
Meanwhile, civil harassment is a noncriminal act consisting of persistent unwanted communication and infliction of emotional distress. A victim of such an offense may seek a restraining order or other relief under the Civil Code.
Once distinctions have been drawn, your case’s issues become clearer. You may then start taking the necessary steps toward a safe and comfortable existence in society.
Legal Frameworks and Processes
In cases of criminal or civil harassment, issues given emphasis would clearly include a definition of the two types of harassment derived from a relevant constitution and legislation. In most civil harassment cases, the focus is on proving wrongdoing on the part of the other party against the person.
On the other hand, being accused of such a crime has many consequences that can alter one’s life. According to https://www.barrywax.com/, conviction can result in imprisonment, paying fines, and restraining orders. It also results in a permanent criminal record that can affect their ability to land a job and housing. That is why building a defense should be a priority.
In a civil harassment case, you sue for justice, which is usually about damages or restraining orders. Civil cases tend to be less formal. Sometimes one must deal with court rules and litigate evidence to substantiate claims.
You need to study both options before making a decision on what type of harassment case to pursue.
Burden of Proof in Each Case
In criminal harassment litigation cases, a heavy burden of proof lies with the prosecutor, who must prove the accused guilty “beyond reasonable doubt.” This means that each and every element of the crime must be substantiated convincingly with little to no room for ambiguity.
Civil harassment cases set a lower burden of proof on the plaintiff, requiring only the showing of an occurrence of harassment “by a preponderance of the evidence.” It is more about what is likely to happen rather than what does happen definitely.
Understanding their distinction can help you make an appropriate response based on your circumstances. This knowledge will give you confidence to seek justice or assistance.
Potential Consequences and Penalties
There are many different kinds of harassment, both criminal and civil, but the consequences can be serious for both. In a criminal case, fines, probation, or even time in jail may be expected. In a civil case, you are required to pay damages for emotional distress or punitive damages to deter future conduct.
Both instances can be a factor for your relationship to be affected with respect to families and friends or finding suitable employment. One should be aware of these consequences. No matter the kind of case faced, these consequences should be taken into consideration seriously and help should be sought at the earliest.
Seeking Remedies and Legal Protections
After facing a series of consequences for harassment, it is critical to get acquainted with your remedies and protections. Setting up civil remedies would be initiating claims for damages or filing a restraining order to have the harasser stay away from you. The procedure also gives the victim a step towards regaining the feeling of safety and control.
Since the actual witnessing and descriptions of harassment are the subject of the complaints and prevailing remedies, investigation and necessary prosecution are dependent on such complaints being laid by the law enforcement agencies. Other agencies supporting victims could then offer additional help throughout such a procedure.
You should remember that you never walk this path alone. There are many others who have been through a similar experience and found comfort through these community services. Using these legal remedies could help you initiate your recovery process, find safety, and reclaim your identity in this world.
