Seattle Telephone Harassment and Protection Orders
Seattle Lawyers Assisting People in the Family and Criminal Justice Systems
Telephone harassment is a crime in Washington. It often occurs between people who have dated or have been married, and under those circumstances, it is considered domestic violence. At Blair Kim Moeller, PLLC, our Seattle civil protection order attorneys understand all of the facets of protection orders, including the potential family law and criminal repercussions for both the alleged victim and the alleged harasser.
The Crime of Telephone Harassment
Under CW 9.61.230, a prosecutor hoping to prove criminal telephone harassment by a defendant must show beyond a reasonable doubt that the defendant made a telephone call to another person with the intent to harass, intimidate, torment, or embarrass that person. They also need to show that the defendant either used lewd language, suggested committing a lewd or lascivious act, anonymously and repeatedly called at an extremely inconvenient hour, or threatened to cause an injury to the person called, a member of their family, or their property.
The state Supreme Court has ruled that phone harassment in Washington can only be perpetrated by the person placing the call, rather than by the recipient of the phone call. The intent to harass must be tied to the act of dialing the phone number. For example, if a couple separates, and the husband is angry about it and calls and hangs up at 2:00 a.m., 3:00 a.m., and 4:00 a.m. on a daily basis for two weeks, this could be telephone harassment. For another example, if he calls and threatens to kill the wife for leaving him, this would likely be telephone harassment.
Under state law, telephone harassment is usually prosecuted as a gross misdemeanor. The harasser may face a maximum of 365 days in jail, plus a $5,000 fine. If the harasser has prior convictions for harassment crimes against a particular victim or their family, or a threat to kill was made, the charge may be a Class C felony, in which case the minimum sentence is 1-3 years in jail and up to five years. There may be additional sanctions imposed if the crime is designated as domestic violence, due to the relationship between the victim and the harasser.
Protection Orders Based on Telephone Harassment
A victim of telephone harassment may be able to obtain a protective order against the harassment. An anti-harassment order is a specific type of restraining order in which the court tells the person alleged to be harassing the victim not to bother or call them again.
A person can get an anti-harassment protective order if they are subject to a knowing and willful course of conduct that harasses, annoys, or alarms them, the conduct does not serve a legitimate and lawful purpose, the conduct would cause a reasonable person to experience substantial emotional distress, and the conduct actually does cause the person substantial emotional distress. The telephone harassment must be made up of a series of harassing phone calls over a period of time that have an ongoing purpose.
The court will consider such factors as whether the communication is one-sided or two-sided, whether the respondent has been clearly told by the victim that they do not want further contact, whether the behavior is alarming or harassing the victim, whether the telephone calls are interfering with the victim’s privacy or making the living environment hostile, and whether the respondent has already been subject to a court order.
The police will be notified about the anti-harassment order. In addition to stopping the harasser from contacting the victim, the order can also require the harasser to keep a certain distance from the victim’s home or workplace, and it can stop the harasser from keeping the victim under surveillance. In most cases, the order lasts for a maximum of a year.
Stay In The Know
-
Court Weighs in on Order to Surrender Weapons in a Washington DVPO Case
A Washington appellate court has confirmed that a superior court cannot refuse to enter an order to surrender weapons ...
- Civil Protection Orders
- Domestic Violence
Read Post -
Types of Protection Orders in Washington
Washington law provides several types of civil protection orders designed to protect people from violence, harassment, ...
- Civil Protection Orders
Read Post -
Washington Appeals Court Affirms Vulnerable Adult Protection Order
In most cases, a person protected by a Washington civil protect order wants the order and limitations it provides. A ...
- Civil Protection Orders
- Protection Order Violations
Read Post
Real Stories From People We’ve Helped Protect
-
“They showed their best at all times. I would recommend and refer this firm to anyone seeking true professional legal assistance.”- Former Client
-
“If I could give Mark a higher recommendation, then I would. He deserves not 5, but 6 stars for the way he handled my case.”- Scott
-
“I was very pleased with Mark, they responded every time I had any concerns, kept me informed throughout the whole process.”- Alex
