Legal Question in Criminal Law in Virginia

What constitutes harrassment?

I have written to a person (of no legal relation) telling them not to contact ''me, my family, and most especially my children in any form, any longer''

Since receiving this letter, the recipient has contacted my husband via email. Husband re-stated the desire for no contact. Four days later, this person emailed me. Both emails were quite nasty.

I have looked up the Code of Virginia, and searched for reasons to be issued a restraining order. If I understand correctly, I must show threat to physical well being or property. My other option would be to charge this person, criminally or civilly, with harrassment.

Could someone clarify how much contact or attempted contact I would need to show a judge that this is harrassment and have a no-contact order issued?

If I've read the Code of Virginia incorrectly in regards to this matter, could someone correct me?

Thank you for your time and consideration.


Asked on 10/26/04, 4:39 pm

1 Answer from Attorneys
Shane Jimison Jimison/Homiller, PLC

Re: What constitutes harrassment?

You generally need to show by a preponderance of the evidence that you are in fear of this person and have reason to be so afraid. Short of that, simple bugging, nagging and unsolicited communications aren't actionable at law, unless it is of course a telemarketer ;-)

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Answered on 10/26/04, 5:14 pm


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