After you and a partner break up, you might have a final conversation or two to get closure. Another option is that you may never speak to your ex again after your relationship ends. In either case, you may feel blindsided when your ex falsely accuses you of harassment. Whatever the reasons for your ex’s allegations, knowing how to respond can help you protect your rights, reputation, and interests.
Understanding What Counts as Harassment
Under Washington law, a person commits the offense of harassment if they threaten:
- To cause immediate or future injury to the threatened person or someone else
- To damage another person’s property
- To subject the threatened person or someone else to physical confinement or restraint
- To maliciously do anything to harm the threatened person’s or someone else’s health or safety
For the offender’s actions to rise to the level of harassment, they must say words or take actions that place another individual in reasonable fear that the threat will be carried out.
In Washington State, harassment can also include “telephone harassment,” which occurs when a person who means to harass, intimidate, torment, or embarrass someone else, uses a telephone to call that person while:
- Using lewd, lascivious, profane, indecent, or obscene language
- Suggesting any lewd or lascivious act
- Calling anonymously or repeatedly at extremely inconvenient hours
- Threatening to cause injury or property damage to the recipient or any other member of their family or household
Understanding Stalking Laws
Stalking occurs when someone:
- Intentionally and repeatedly harasses or follows another person, AND
- Places that person in reasonable fear of injury to themselves, others, or property
Stalking is typically a gross misdemeanor (up to one year in jail and $5,000 fine) but becomes a Class B felony (up to 10 years in prison) if the stalker has prior convictions, violates a protective order, was armed, or targets protected professionals like law enforcement officers.
Understanding Cyberstalking
Cyberstalking involves using electronic communication to harass, intimidate, torment, or embarrass someone by:
- Using lewd, obscene, or indecent words, images, or language
- Communicating anonymously or repeatedly
- Threatening injury to the person, property, or family members
“Electronic communication” includes email, text messages, social media, and internet-based communications. Cyberstalking is typically a gross misdemeanor, but becomes a Class C felony with prior harassment convictions or death threats.
Examples of Problematic Post-Breakup Conduct
- Excessive text messages, phone calls, or emails
- Showing up uninvited to an ex’s home or workplace
- Following or repeatedly maintaining proximity to an ex
- Making online threats or using fake profiles to contact them
- Electronic surveillance or tracking
Stay Calm and Avoid Contact
When you learn of your ex’s allegations of harassment, staying calm can prevent the situation from escalating. Remaining calm can help you avoid impulsive actions, such as confronting your ex or attempting to retaliate against them. Even if you want to talk to your ex to “clear things up,” trying to contact them may only corroborate their allegations and may serve as evidence in subsequent legal proceedings. Instead, you should block any communications and let your legal counsel handle any communications with your ex.
Preserve Evidence and Document Everything
You can help your case by gathering evidence, including copies of text messages, voicemails, emails, and social media messages, which can help provide a written record of your interactions with your ex. Written communications may also offer evidence of your ex’s motives or inconsistencies in their allegations.
Furthermore, make a note of any eyewitnesses who can corroborate your version of events or provide alibi evidence. Written evidence and eyewitness testimony can protect your rights, reputation, and future should you face a potential restraining order or criminal charges.
Avoid Discussing the Situation Publicly
You should refrain from discussing the allegations with family and friends or posting about the accusations on social media. Although you may want to vent when your ex falsely accuses you of harassment, anything you discuss about your case could be used as evidence against you in a restraining order proceeding or criminal prosecution.
In addition, police or judges may construe social media posts you make about your ex or their allegations as further efforts to harass your ex. Such actions might violate temporary restraining orders they have obtained. Instead, you should let your attorney handle any communications or public relations on your behalf.
Contact a Criminal Defense Attorney
When an ex accuses you of harassment after a breakup, you need to take those allegations seriously. They could have significant legal consequences. Contact Jennifer Horwitz Law today for a confidential consultation with a criminal defense lawyer. Let’s discuss what steps you can take to protect your rights and reputation when you face false allegations of harassment, stalking, or cyberstalking.