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David D. Diamond State Bar Certified Criminal Law Specialist

What is Harassment?

What is the Definition of Harassment?

Harassment means unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously annoys, or harasses the person and serves no legitimate purpose. Please see CCP section 527.6 (b).

Unlawful violence is any battery, assault, or stalking, but it does not include lawful acts of self-defense or defense of others. CCP 527.6(b).

Credible Threats of Violence is a willful and knowing statement or course of conduct that would place a reasonable person in fear of his or safety, or the safety of his or her immediate family, and that serves no legitimate person. CCP 527.6 (b) (2). The intent requirement for a real threat is that the respondent/defendant intentionally or knowingly communicates the threat. It is not necessary that the defendant intends to, or is able to carry out the threat.

Course of Conduct is a pattern of conduct composed of a series of acts over a period of time, however short, showing a continuity of purpose.