Criminal harassment encompasses a range of behaviors intended to intimidate or control another person. Common forms of harassment include:
- Stalking: Following someone or monitoring their movements.
- Threatening behavior: Communicating threats of physical harm.
- Repeated unwanted communication: Persistent phone calls, texts, emails, or social media messages.
- Uninvited visits: Showing up at a person’s home, workplace, or other places they frequent.
- Damaging property: Vandalizing someone’s property to instill fear.
To be considered criminal harassment, these actions must occur repeatedly and cause the victim to reasonably fear for their safety. A single instance of such behavior, while distressing, typically does not meet the legal threshold for criminal harassment.
The child custody and access order is a court order that determines the legal rights and responsibilities of the parents with respect to their children. The order can be made by a judge or, in some cases, by an agreement between the parents. The order sets out the terms of custody, including who will have primary responsibility for the child’s care and how much time the child will spend with each parent. It also sets out the terms of access, which is the right of a parent to spend time with their child. The order may also specify how decisions about the child’s care will be made, such as which parent has the final say in matters relating to education, health care, religion and extracurricular activities.
In Toronto, as in the rest of Canada, criminal harassment is governed by the Criminal Code of Canada. Section 264 of the Criminal Code defines criminal harassment and outlines the penalties for those found guilty. Key elements of the law include:
- Intent: The perpetrator must know, or recklessly disregard, that their behavior is harassing.
- Fear: The victim must feel fear for their safety or the safety of someone they know.
- Repeated conduct: The harassing behavior must occur more than once.
Penalties for criminal harassment can be severe, including imprisonment for up to ten years if prosecuted as an indictable offense. Summary convictions can result in shorter prison terms, fines, or both. The severity of the punishment depends on the circumstances of the case and the impact on the victim.
Identifying the signs of criminal harassment early can help victims take steps to protect themselves. Some common indicators include:
- Feeling constantly watched or followed.
- Receiving numerous unsolicited communications.
- Noticing unfamiliar individuals loitering near your home or workplace.
- Finding unexplained damage to personal property.
- Experiencing increased anxiety or fear when alone.
If you believe you are a victim of criminal harassment, it is crucial to take action to protect yourself. Here are some steps to consider:
- Document everything: Keep detailed records of all incidents, including dates, times, locations, and descriptions of the harassing behavior. Save any evidence such as messages, emails, and photographs of damaged property.
- Reach out to authorities: Contact the Toronto Police Service to report the harassment. Provide them with your documentation and any evidence you have collected. The police can investigate the matter and take appropriate action.
- Seek a restraining order: A restraining order, or peace bond, can legally prohibit the harasser from contacting or approaching you. This can provide an added layer of protection and can be obtained through the court system.
- Access support services: There are numerous support services in Toronto for victims of harassment, including counseling, legal advice, and crisis intervention. Organizations such as Victim Services Toronto and the Toronto Rape Crisis Centre can offer assistance.
- Enhance personal security: Taking steps to improve your personal security can help you feel safer. This might include changing your phone number, altering your daily routines, installing security systems, or seeking temporary accommodation in a safe location.
Several organizations in Toronto provide support and resources for victims of criminal harassment:
- Victim Services Toronto: Offers crisis intervention, support, and referrals for victims of crime, including harassment.
- Toronto Rape Crisis Centre/Multicultural Women Against Rape: Provides counseling, advocacy, and support for survivors of sexual violence and harassment.
- Women’s Habitat: Offers emergency shelter, counseling, and support services for women and children experiencing violence and harassment.
- Ontario Victim Services: Provides financial assistance, counseling, and support for victims of crime in Ontario.
Criminal harassment is a pervasive issue that can significantly impact the lives of victims. Understanding what constitutes criminal harassment, recognizing the signs, and knowing the legal framework in Toronto can empower victims to seek help and protection. By taking proactive steps and accessing available resources, victims can work towards reclaiming their sense of safety and well-being.
If you or someone you know is experiencing criminal harassment, don’t hesitate to reach out to local authorities and support organizations. Remember, help is available, and you do not have to face this alone.
If you find yourself in a situation where you have been charged with criminal harassment call Legal Solutions Law Firm today. We can help.