Although the law veries somewhat from state to state, if someone reports to the police, (and they believe the report), or witness the action; that they have been assaulted or threatened with speciific, immeidiate bodily harm, the police may (or may even be required to), arrest that person. On the other hand, if there is an allegation that someone is "harassing" someone else: continuing onwanted communication via telephone, email, in person, following them, etc., but there isn't a clear, immediate threat, I have definitely heard of the police agreeing to contact that person, recite the allegations, and tell them to "knock it off." However, if the alleged harrasser has not done anything directly viewed by the police, he or she should simply tell them that the allegations are not true. The police, if competent, may well warn of the possible consequences of harassment but ultimately should tell the complaintent to get a restraining order. In order to get such an order the complaintent will have to prove to a judge/magistrate/court commissioner that actual harassment is occuring. If the judge is convinced and the order is issued THEN and only then (in any jurisdiction that I know of), are the police free to arrest based on continued contact. If these facts are correct then the police are being unusually medlessome. My experience has been the exact OPPOSITE. I can rarely get the police to give a warning without first obtaining a restraining order for my client. In short, if you have done nothing wrong, SAY SO, politely, repeatedly, and if necessarily loudly. I really doubt the cops will do anything unless 1) there is a restraining order, b) something happens in there presence or c) there is physical evidence of assault, (bruises, cuts, etc.) What can I say some cops are bullies but most are not stupid enough to arrest on mere hearsay and risk the resulting false arrest/civil rights violation lawsuit.
Personal injury Evidence for personal injury cases Witness testimony and personal injuries Assault and personal injury Criminal defense Criminal charges for assault and battery Criminal charges for harassment Criminal arrest Hearsay in criminal cases Restraining order and criminal defense Evidence