Utah Harassment Laws: An Overview
A primary concern of the community is avoiding anything that might cause discomfort to someone, and is often confused with harassment. While avoiding conflict is important in any community setting, the distinction between harassment and minor conflict must be understood. Conflict can be "resolved" through means including communication with the opposing party or an informal meeting with opposing parties. Harassment, on the other hand, is a serious offense with much stricter legal repercussions.
Utah law defines the term harassment, in part as: A person commits harassment by threatening behavior towards another person . . . . This threat must cause at least the recipient of the threat to fear for his own safety. A valid threat towards another person may also constitute harassment, but that is not the focus here which is a resident receiving a threat, claim or charge of harassment against him.
As a threshold matter, Utah law requires that the term harassment must be evaluated both in context and effect, and the offending actions must be of a type that is prohibited by statute in order to meet the definition of harassment. Utah courts have held that the purpose of the law is to prevent unwelcome and frightening acts on behalf of one person that serve no purportively legitimate purpose but only to harass or intimidate another person. The underlying concern of Utah’s harassment law is the danger that large numbers of people will be frightened by the actions of a wild individual.
The line between legitimate statements made during a family conflict (or neighbor conflict) and harassment is often drawn against acts that may incite future harm or violence. There has been an increased emphasis by law enforcement on interpreting and enforcing the law regarding harassment; going so far as to verbally classify a threatening statement or action as harassment . Utah courts have held that words alone, without accompanying threatening behavior, is insufficient to establish harassment. The resulting confusion has resulted in more law enforcement intervention than the law plainly intended.
Recent Case Law
A recent U.S. District Court in Utah case dismissed a case against a resident who was accused of harassment. The Plaintiff in that case had filed two separate complaints against her neighbor. In the first, she alleged that her neighbor continually banged on the wall and stomped on the floor in an effort to harass her. In the second complaint, she alleged that her neighbor had made loud and obnoxious noises in order to annoy or scare her. The Court dismissed both claims holding that "[a]ctions that are annoying or a nuisance, even to the target of those actions . . . do not rise to the level of constitutional harm." Such was the case with the Defendant in this case, who forced his interaction with the alleged victim because he spent time on his porch, made loud and obnoxious noises, and used his windows as exit points to flee from the court house; ultimately forcing the interaction and resulting in the Plaintiff’s claims. Also, the Court found that a reasonable, objective person would not have feared for his safety or for the safety of property because of the Defendant’s actions. The Defendant’s actions were not considered as threatening but rather as the actions of a person who enjoyed living alone and was frustrated with his loud neighbor.
Evidence of Harassment
Except for the individual filing the restraining order, if a restraining order is granted, there must be evidence of delivery of the appropriate notice. Delivery can be through certified mail, personal service, or the defendant being present at the time and place of the hearing.
Types of Harassment in Utah
Utah laws recognize and prohibit several types of harassment. These include workplace harassment, cyber harassment, harassment in housing, and harassment in public places and on public transportation.
Workplace harassment takes place in the context of an employer-employee relationship. Harassment in the workplace is prohibited by Utah law and can take the form of bullying, verbal abuse, and spreading false rumors. Examples of workplace harassment include targeting a coworker with slurs, making unwanted sexual advances toward an employee, and racially or ethnically harassing staff. Pregnant employees, candidates for promotion, and those with disabilities are also protected from workplace harassment.
Cyber harassment can be either a form of workplace harassment or an independent class. Cyber harassers target their victims through social media, email, or other online or communication technologies. Phone harassment also falls within the scope of the Cyberharassment Statute. Cyberharassment is defined as a "pattern of conduct using any electronic device or automated system… with intent to coerce, intimidate, or harass."
The Fair Housing Act prohibits harassment in housing. The Interstate Land Sales Full Disclosure Act prohibits harassment in connection with the sale of land. Harassment in housing can take the form of unwelcome sexual advances or requests for sexual favors, persistent inappropriate touching, and pointing out physical sexual characteristics that are considered attractive. Housing harassment usually occurs between landlords and tenants, but can also occur between tenants or between tenants and neighbors. It can also occur when a property owner refuses to sell to prospective buyers because of their gender, race, ethnicity, or religion.
Harassment in and around public transport (buses, trains, taxis, etc.) can take the form of either verbal or physical threats, unwanted greetings, and offensive gestures. Harassment on public transit usually takes the form of lewd comments or unwanted attention, although it can also include being subjected to unwanted touching. Harassment in public places more generally can include stalking and public indecency.
Common Legal Ramifications of Harassment in Utah
The legal repercussions of harassment in Utah can range from criminal charges to civil liabilities and fines. Understanding these potential consequences is essential for individuals who are dealt a harassment allegation or charge. The state classifies harassment as either a class B misdemeanor or a class A misdemeanor, depending on the severity of the criminal action.
Criminally, the penalties can include not only fines—ranging from $1,000 for a class B misdemeanor to $2,500 for a class A misdemeanor—but also jail time. Class B misdemeanors can come with up to six months of imprisonment, while class A misdemeanors can lead to one year of imprisonment. Aggravated circumstances can even lead to felony charges, which can include a sentence of 15 years in prison or a fine of $10,000. While imprisonments are often suspended or stayed, a person may still need to face a judge in court before finding out their fate.
Criminal charges, however, are only one possible outcome from a harassment complaint. The victim can also file a civil lawsuit against the accused. Civil lawsuits involving harassment often follow the same legal procedures and penalties as other personal injury lawsuits. If the victim wins the lawsuit, the harasser may be obligated to pay damages to compensate the victim for losses, such as lost wages, therapy costs or emotional distress.
The implications of a harassment charge vary considerably based on the accused’s situation. Hanif Dhare, a Utah criminal defense lawyer, knows how much a harassment charge can affect a person’s life and that the stakes are high for anyone facing a harassment charge.
Protection Plans and Support Resources
If you’ve been affected by harassment in Utah, obtaining a harassment protection order can be an effective way to protect yourself. This was once known as a "restrictive order" and is available through the state courts. To be eligible for a harassment protection order, you have to have been a victim of stalking behavior, a physical assault, sexual assault or abuse or any other form of harassment. Harassment occurs any time someone engages in written, verbal or physical behavior that is intended to annoy or harass you. If you have minor children who have also been affected by the harassment, you can also name them on the order. You must file your petition in the court for the county in which you or the perpetrator lives.
The court will ask the defendant to come in to respond to the petition if it finds there is a valid case. If the defendant cannot be served with the order personally, a judge may issue a temporary order until a hearing can be held. In these cases, the order will usually last no more than 20 days or until a hearing can be scheduled , whichever comes first. Keep in mind that if your petition is denied, the defendant can apply to the court to have you pay his or her attorney’s costs and fees.
Every order issued by a judge will expire one year from the date of the issuance unless it is renewed. Renewing the order is similar to the initial petition: you can file a request with the court to renew the existing order. If the defendant attends the scheduled hearing, there will be an opportunity for them to share their side of the story as well.
There are many local support services and resources available for victims of harassment in Utah. Catholic Community Services, for example, is a nonprofit organization serving all counties in the state of Utah. This institution offers a variety of housing and food assistance programs, as well as a mission of evangelization, empowerment and community collaboration. The Utah Domestic Violence Coalition and the Utah Department of Community and Culture provide advocacy for victims of domestic violence and sexual assault, among other services.
Filing and Reporting Harassment Claims
Should you find yourself the victim of harassment, the first step is to appropriately document the unwelcome behavior. You will need to preserve your evidence by saving emails, text messages, and social media posts that evidence the harassment you have suffered. If the harasser makes physical or verbal comments, keep detailed notes on the time, number of occurrences, location, and individuals involved. Gathering this evidence will be invaluable should you decide to pursue legal action. You also have the option to report the harassment by filing a formal complaint with law enforcement and/or the Equal Employment Opportunity Commission (EEOC) or Utah’s Anti-Discrimination and Labor Division (UALD). To file a complaint with law enforcement, you will need to call or visit your local police department. Be prepared to provide your contact information, other personal details, and file facts regarding the nature of the harassment. The responding officer will start a report for the records and direct you to the next steps. The police report will contain detailed information on all filed harassment charges and details regarding the severity of the harassment. In addition to filing with the local police department, you have the option to file a charge of discrimination with the EEOC. The EEOC only has jurisdiction over employers with 15 or more employees, however, if you work for a small business you may be able to file with UALD. To file a charge with UALD, you will need to come prepared with evidence such as pay stubs, time records, and other relevant documents. If you are working with a harassment attorney, they will usually assist you with this process to make it easier. After reviewing the charge, the UALD will ask you to participate in mediation or an early neutral evaluation, both of which are free. The neutral party is tasked with bringing both sides to an agreement, and if you cannot reach one, a full investigation will ensue. Even if you choose not to hire an attorney for this process, it is in your best interest to be represented during the settlement conference and investigation to ensure all the defendant’s evidence gets evaluated. The process after filing with the EEOC or UALD may take up to several months to conclude. If there is a finding in your favor, there is an additional period of time before the amount of damages and penalties are calculated. It is important to be patient through the process, as the investigators work diligently toward a resolution.
Harassment Attorney and Legal Counsel
The legal complexity involved in addressing harassment claims both civilly and criminally can be demanding – both on your time and your wallet. Associated costs can quickly spiral out of control especially considering that ignorance of the law can result in missed opportunities or greater fees down the road to fix what a crucial error may have cost you.
Whether a harasser or the target of harassment, Utah harassment laws provide strict deadlines and a complicated administrative and/or court process to navigate. The specific procedural issues involved can be difficult, and most cases are accompanied by an equally difficult emotional and psychological experience that can complicate an already complex situation in an already stressed environment.
The following guidelines can assist you in finding representation, understanding what that representation costs, and how that representation can best assist you.
Like any other specialized field, harassment cases are best handled by lawyers familiar with its issues. Just as you would not hire a dentist to do heart surgery, you should not hire a general practitioner to handle harassment cases. While there is an option to represent yourself in court, the extent of local and state laws, as well as the burden of proof necessary to establish a physical threat of harm may be different than what you have experienced in the past. Careful representation is a crucial part of the legal process.
Most individuals will find it most advantageous to consult with a lawyer before the harassment proceeding has gotten out of hand. Waiting for legal representation until the threat of violence or harm has become severe can often compound the damage and the need to establish a pattern of behavior over time can make it increasingly harder to prove. In some cases, the behavior may become violent, putting you in a position where you need an immediate restraining order, as well as a good lawyer. If you are considering confronting the alleged harasser on your own, or contacting the police, please speak to an attorney first. Reactions to harassment can be unpredictable; the best decision may be to back away and leave it to the professionals.
How your attorney charges you largely depends on the legal issue and the lawyer you choose. Some of the most common types of fee arrangements are discussed here:
This is the most common way that attorneys are paid, and the one most (if not all) people expect when hiring an attorney. With hourly billing you will receive a monthly statement from the attorney that lists the services provided, the date those services were provided, and the amount charged. This is a very simple and easy-to-understand arrangement , but depending on the hourly rate, could lead to quite a large bill. Be sure to ask your attorney if they will accept legal aid or other means of payment if you are concerned about the affordability of this arrangement.
This is typically a more client-focused method of billing, but regardless of the method it may not be appropriate in all matters. These types of fees are usually accepted by firms specializing in issues of long standing; for example, if you have been working with a firm on a long-term basis and anticipate that you will continue to work with them. If a flat fee is charged at the outset, that fee may or may not include all or just some future legal services. Other fee arrangements might break up or structure the fees you owe even while the case or issue is ongoing.
If you have a harassment issue that escalates to physical violence or the threat of such a violation, a restraining order will almost certainly be necessary. The order may be temporary, depending on the issues, but if you can meet the legal requirements to obtain the order and stick to its terms, the harasser may be legally liable for any damages incurred.
The attorney should be a professional and advisor to guide you through the court process. Even if a malicious harasser physically attacks you, your lawyer cannot advise you to seek revenge, or launch your own vendetta. Depending on certain factors, including whether police action may be appropriate, you may be advised on how to best seek protection whether by legal means (i.e. a restraining order) or by self-defense.
Your attorney is hired for their legal expertise so there is no question as to whether you can seek proper legal advice from them about your case if you believe they are the ones you should choose. It’s more a matter of establishing trust in your attorney to safeguard your interests.
Be sure to follow any advice your attorney gives on evidence such as properly documenting your case, preserving hard copy records of any threatening or harassing communications (such as telephone messages or text messages). It is also important to keep any and all documentation regarding your case organized and stored offline, at least in the beginning stages to guard against harassment through digital means.
Be wary, however, of any advice that targets the alleged harasser rather than their behavior. As your representative, your attorney should be looking out for your best interests, but they should not be fostering your personal grievances or encouraging revenge. If they are not working hard to help you be a responsible steward of your own case, you may need to seek better representation.