What is the average punishment when someone is convicted of harassment?
I am being harassed, I called the police and they said I have enough evidence to prosecute. I don't want to prosecute I just want to be left alone, so the police said they would call and give her a warning. If she does anything else they said to prosecute. I'm wondering what the punishment would be? probabtion, fines, restraining order?
I am not a lawyer, and I don't know where you live but I believe, in most states, you can take out a restraining order without actually prosecuting the harasser. If the person violates the restraining order, they would be arrested and the state would handle it from there. Try contacting a Legal Aid Society if there is one in your area. They can tell you more and their rates are based on income.
It depends where you are. If you are in Canada or the United States, in most cases you will/can get a Restraining Order, but most likely you will have to goto court for that.
Any and all of the above. You could likely get a restraining order, if your evidence is good and you have a lawyer, or else if you go it alone and present yourself well in court, you can prevail in your case. Of course, if a crime is committed, then the prosecutor would prosecute, but the prosecutor's job is to represent the best interests of the State, and not your best interests, which are sometimes in conflict. Still, you could possibly get the prosecutor to work to help you pursue what you want - relief from harrassment. Just know that they are sometimes reluctant to do their job. This is because courts are busy, and so are prosecutors, who are part of the system. They have many cases to move along, and here is this woman, whining about her problem, in their view (not mine), and clogging their court docket. So now, they must take time out of their busy day to deal with you and your complaint. Take a number, like everyone else, and try not to be too much of a pain to them. So then, the prevailing attitude of most prosecutors is, 'OH! What is this buzzing I hear in my ear? Go away, woman! I am busy with other court cases that can bring the court some REAL revenue. After all, courts and their personnel must eat too, don't you know! And you are just a number to them. So, next case, please!
If you are successful in court, then punishment for the harrasser would probably be a fine and 'community service', along with a stern court order to stop the harrassment, under threat of harsh punishment, if the alleged harrassment is found by the judge to be a fact, and if it is a 'first offense'. Depending on the evidence, and on the prosecutor and his/her decision, she could sometimes plea bargain in order to mitigate the penalty. If she violates an existing court order against harrassment, then the punishment could be harsher, to include jail time and fines. Then, her offense would be harrassment, and contempt of court. So, with both offenses, the penalty would be greater than for one offense. If you can document multiple harrassment incidents, then you can charge her for serveral counts of harrassment. This would result in increased penalties. That is, punishment for each and every incidence of her offenses.
Get a pocket sized voice recorder, and maybe a digital camera or camcorder too, save all phone messages, written correspondence from her, and so on. If you have not already done so, send her a letter, via certified mail, demanding that the harrassment must stop immediately, or else failing this, send e-mail with the same demand. Then document any harrassment thereafter. By doing this, you have established that her contact with you is unwelcome, that you have demanded to her that she stop it, that she received your demand, and thatshe still has knowingly, willfully, maliciously, and repeatedly persisted with her harrassment of you. And then, you now have good iron clad reason to complain about it to the authorities and to petition the court for some relief.
And would it be the first offense for the defendant? There's alot of 'maybes' involved to be honest.