How to Stop Harassment by Trespassing
Harassment involves threatening acts that disturb the feeling of safety or privacy of a victim. Trespassing is entering property without permission. Former lovers or spouses may commit these acts, but protesters sometimes commit these acts as well. Harassment does not require trespassing because it can involve phone calls or letters. Therefore, a victim should know how to deter both harassment and trespassing. Following both sets of procedures provides more opportunities to stop harassment by trespassing.
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Instructions
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Steps to Deter Trespassing
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Warn the harasser that he does not have permission to enter the property. The victim can give a verbal warning, but posting a sign with the harasser's name can provide an additional warning. Cutting off permission to enter shows a lack of consent to enter the property, which is a requirement of some trespassing laws. Check the trespassing laws of the victim's state for any differences in the definition of trespassing.
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Call the police for each instance of trespassing. Ask the police to file an official complaint, or submit any paperwork required by the police to authorize an arrest for trespassing. Repeated complaints help to establish the fact that the harasser has entered the property without permission.
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Use protective devices as additional measures to deter trespassing. Keep doors and windows locked at all times. A dog or alarm system might deter a harasser who trespasses. Alert any neighborhood watch groups to keep an eye out for the harasser and call the police if necessary. A local center for domestic violence may also provide additional help or tips.
Steps to Deter Harassment
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Determine what kind of state or local restraining order applies to the situation. A restraining order prevents the harasser from approaching or speaking to the victim. An order that prohibits the harasser from coming within a certain distance of the victim can also provide an additional way to deter trespassing. Check the laws of each state to determine which kind of order is used to stop harassment. For example, California has a domestic violence restraining order and a civil harassment restraining order. These orders differ based on the relationship between the victim and the harasser.
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Apply for a temporary restraining order according to the state or local laws. Victims must petition a Superior Court or local equivalent to get a restraining order. A judge can then issue a restraining order. The temporary restraining order precedes a hearing for a permanent restraining order. The judge sets a hearing date even if he does not issue a temporary order. Show up to the hearing for a permanent restraining order and be prepared to testify. Bring any witnesses who have seen the harassing behavior.
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Call the police each time the harasser violates the restraining order. Violation of a restraining order is a crime and can include jail time in certain circumstances. Keep a copy of the restraining order and show it to the police when they respond to a call.
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Tips & Warnings
Petition the court to extend a restraining order if the harassment continues as the expiration date approaches.
Consult a lawyer or an organization that assists with domestic violence for legal help on specific local laws (see Resources).
Do not make physical threats in an attempt to stop harassment. Resort to legal measures instead of responding to crime with yet another potential crime.
