Harassment Charges: Your Complete Guide
How to document harassment, file charges (criminal or civil), get a restraining order, and hold your harasser accountable - step by step.
What Counts as Harassment Under the Law?
Legally, harassment is a course of conduct directed at a specific person that would cause a reasonable person to feel alarmed or suffer emotional distress. It must be intentional and either repeated or a single severe incident. You have two paths to hold a harasser accountable: criminal charges (filed through the police/prosecutor, can result in jail) and a civil lawsuit (filed by you, for money damages). You can pursue both at the same time.
Types of Harassment & What to Do
Different types of harassment require different responses. Here's what each looks like and the specific action steps for each situation.
Workplace Harassment
Unwelcome conduct based on race, sex, religion, age, disability, or other protected characteristics that creates a hostile work environment or results in adverse employment decisions.
Common Examples
- Sexual harassment or quid pro quo demands from supervisors
- Racial slurs, offensive jokes, or discriminatory comments
- Bullying, intimidation, or deliberate exclusion
- Retaliation for filing complaints or being a whistleblower
What to Do Right Now
Report to HR in writing. File an EEOC charge within 180 days (300 days in some states). Keep copies of everything.
Stalking & Physical Harassment
A pattern of behavior directed at a specific person that would cause a reasonable person to feel fear for their safety - including following, surveillance, threats, and unwanted physical presence.
Common Examples
- Following you to work, home, or public places
- Showing up uninvited at your residence repeatedly
- Threats of violence (verbal, written, or implied)
- Damaging your property or leaving threatening items
What to Do Right Now
Call 911 if in immediate danger. File a police report. Request an emergency restraining order at your courthouse.
Cyberbullying & Online Harassment
Using electronic communications to threaten, intimidate, or harass - including social media, text messages, email, and online platforms. Now illegal in most states.
Common Examples
- Sending threatening messages via text, email, or DMs
- Posting defamatory content or spreading lies online
- Revenge porn or non-consensual intimate images
- Doxxing (publishing private information publicly)
- Creating fake profiles to impersonate or stalk
What to Do Right Now
Screenshot everything before blocking. Report to the platform. File a police report with printed evidence.
Neighbor & Community Harassment
Ongoing hostile behavior from neighbors - including noise harassment, property disputes, verbal abuse, and intimidation that disrupts your peace and quiet enjoyment of your home.
Common Examples
- Repeated verbal abuse or threatening behavior
- Intentional noise disturbances targeting you
- Vandalizing or interfering with your property
- False complaints to police or HOA to harass you
What to Do Right Now
Document every incident with dates/times. Send a formal cease and desist letter. File in small claims court for damages.
Criminal Charges vs. Civil Lawsuit
You have two separate legal paths - and you can pursue both at the same time. Here's how they differ.
Criminal Charges
You cannot control whether the prosecutor files charges - but your police report and evidence are essential.
Civil Lawsuit
A civil case can succeed even if criminal charges are dropped or result in acquittal - the standard of proof is much lower.
How to File Harassment Charges: Step by Step
Whether you're filing criminal charges, a civil lawsuit, or both - here's exactly what to do and when.
Document Everything
Before filing anything, gather all evidence. Screenshots, dates, times, witness names, and a written timeline of incidents. The more detail, the stronger your case.
Send a Cease and Desist Letter
A formal written demand to stop the harassment creates a legal record that you clearly told them to stop. This is critical evidence for court. PettyLawsuit generates these automatically.
File a Police Report
Go to your local police station with your evidence. Even if they can't arrest immediately, the report creates an official record. Ask for the report number and officer's name.
Request a Restraining Order
Go to your local courthouse and fill out a petition for a protection order. Many courts grant temporary emergency orders the same day. A full hearing follows within 2–3 weeks.
File Your Civil Claim
If you've suffered damages (emotional distress, therapy costs, lost wages, property damage), file a civil lawsuit. Small claims court handles cases up to $5,000–$12,500 depending on state.
Follow Through in Court
Present your evidence clearly and chronologically. Bring copies of everything. The judge wants to see a pattern of behavior and the impact on your life. Stay calm and factual.
Evidence Checklist
Strong evidence is the difference between winning and losing your harassment case. Collect as many of these as possible before filing.
Penalties for Harassment
Penalties depend on severity, state, and whether the case is criminal or civil. Here's what harassers face.
| Severity | Criminal Penalty | Civil Damages | Typical Situations |
|---|---|---|---|
| Violation (Minor) | Fine up to $250 | $1,000–$5,000 | Single incident of offensive contact, minor threats |
| Misdemeanor | Up to 1 year jail + $1,000 fine | $5,000–$25,000 | Repeated unwanted contact, following, verbal threats |
| Gross Misdemeanor | Up to 2 years jail + $5,000 fine | $10,000–$50,000 | Stalking, workplace harassment pattern, cyberstalking |
| Felony (Aggravated) | 2–7 years prison + $10,000+ fine | $25,000–$100,000+ | Threats with weapons, bias-motivated, violating protection order |
How to Get a Restraining Order
A restraining order (protection order) legally prevents your harasser from contacting or approaching you. Violating it is a criminal offense.
File a Petition
Go to your local courthouse. Fill out a petition describing the harassment and why you need protection. Bring your evidence.
Emergency Order
A judge can grant a temporary order the same day - no hearing required. This is immediate protection while the full case proceeds.
Full Hearing
Within 2–3 weeks, both sides appear in court. Present your evidence. The judge decides whether to issue a long-term order.
Enforcement
If granted, the order lasts 1–5 years. Any violation is a criminal offense - call 911 immediately if it's broken.
Don't Wait. Take Action Today.
Every day you wait is another day the harassment continues - and another day closer to the statute of limitations. PettyLawsuit prepares your demand letter, court forms, and civil complaint in minutes.
Demand letter + court forms + filing guidance. Ready in 5 minutes.
Frequently Asked Questions
Answers to the most common questions about filing harassment charges and pursuing legal remedies.
About This Guide
Written by the PettyLawsuit Legal Research Team. Harassment laws and penalties verified against current state statutes and federal guidelines. This guide covers general principles - specific rules vary by state and jurisdiction.
Legally Researched
State statutes reviewed
Victim-Focused
Actionable steps for protection