Legal Question in Criminal Law in Iowa
I have an ex-husband who has publicly ripped me up on social media and used the website to solicit help from others in our town to track me down. He has called my place of employment, left things on my car and had people follow me. Clearily I'm being harassed but can't seem to get law enforcement on board because I have not been physically harmed. Would there be any benefit to hiring a lawyer at this point or is it dead in the water until it gets more serious, God forbid. I'm at a loss to know what to do or if there is anything I can do. Get him for defamation of character maybe??? Thoughts??
2 Answers from Attorneys
You may want to go directly to your county attorney's office and ask to speak to an attorney or their victim services coordinator. They could get a police officer to follow up.
I agree with brother Miler. Harassment does not depend on a physical assault. Here is the relevant code section.
708.7 HARASSMENT.
1. a. A person commits harassment when, with intent to
intimidate, annoy, or alarm another person, the person does any of
the following:
(1) Communicates with another by telephone, telegraph, writing,
or via electronic communication without legitimate purpose and in a
manner likely to cause the other person annoyance or harm.
(2) Places a simulated explosive or simulated incendiary device
in or near a building, vehicle, airplane, railroad engine or railroad
car, or boat occupied by another person.
(3) Orders merchandise or services in the name of another, or to
be delivered to another, without the other person's knowledge or
consent.
(4) Reports or causes to be reported false information to a law
enforcement authority implicating another in some criminal activity,
knowing that the information is false, or reports the alleged
occurrence of a criminal act, knowing the act did not occur.
b. A person commits harassment when the person, purposefully
and without legitimate purpose, has personal contact with another
person, with the intent to threaten, intimidate, or alarm that other
person. As used in this section, unless the context otherwise
requires, "personal contact" means an encounter in which two or
more people are in visual or physical proximity to each other.
"Personal contact" does not require a physical touching or oral
communication, although it may include these types of contacts.
2. a. A person commits harassment in the first degree when
the person commits harassment involving a threat to commit a forcible
felony, or commits harassment and has previously been convicted of
harassment three or more times under this section or any similar
statute during the preceding ten years.
b. Harassment in the first degree is an aggravated
misdemeanor.
3. a. A person commits harassment in the second degree when
the person commits harassment involving a threat to commit bodily
injury, or commits harassment and has previously been convicted of
harassment two times under this section or any similar statute during
the preceding ten years.
b. Harassment in the second degree is a serious misdemeanor.
4. a. Any other act of harassment is harassment in the third
degree.
b. Harassment in the third degree is a simple misdemeanor.
5. For purposes of determining whether or not the person should
register as a sex offender pursuant to the provisions of chapter
692A, the fact finder shall make a determination as provided in
section 692A.126.
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