Tuesday, November 1, 2011

What is Harassment?

Allegations of harassment arise frequently in applications for protective orders, but what exactly is harassment pursuant to Nevada law?  This allegation is probably most common when people in a domestic relationship have a disagreement which results in a verbal altercation.  Most people's connotation of harassment is related to a persistent annoyance, but the conduct in question must go past annoyance under Nevada law to legally constitute harassment.
Harassment is defined by Nevada law as follows:
1. A person is guilty of harassment if:
(a) Without lawful authority, the person knowingly threatens:
(1) To cause bodily injury in the future to the person threatened or to any other person;
(2) To cause physical damage to the property of another person;
(3) To subject the person threatened or any other person to physical confinement or restraint; or
(4) To do any act which is intended to substantially harm the person threatened or any other person with respect to his or her physical or mental health or safety; and
(b) The person by words or conduct places the person receiving the threat in reasonable fear that the threat will be carried out.  If a court decides that person has committed an act that fits within this definition, the person is guilty of a misdemeanor crime.  It is also enhanceable as a second conviction would be a gross misdemeanor. NRS 200.571
As stated above, this allegation normally appears in applications to the court for protective orders and not as a criminal charge.  Even in the applications, the conduct in question must fit the definition of harassment.  Adverse parties must take into account that, as discussed in this blog in previous posts, the burden of proof is significantly lower to have a protective order issued than it is for a guilty verdict in a criminal case.  It is important to consult an attorney if a protective order has been issued against you as some allegations in applications for protective orders do not rise to the level of harassment as a matter of law, and an attorney should be able to have the protective order dissolved.
If you have been charged with Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.