The Difference Between Civil and Criminal Harassment Charges – Key Legal Distinctions

Harassment cases in Washington can be handled in two very different ways: through the criminal justice system or as a civil matter. While both involve unwanted conduct that causes fear, distress, or harm, the procedures, consequences, and legal standards differ significantly. Understanding the distinction between civil and criminal harassment is essential for anyone facing an accusation, seeking protection, or pursuing a legal remedy.

Criminal Harassment

Under RCW 9A.46.020, criminal harassment occurs when a person knowingly threatens to cause bodily injury, damage property, confine or restrain another, or perform any act intended to substantially harm another’s physical or mental health or safety. The threat must place the victim in reasonable fear that it will be carried out.

Criminal harassment is typically charged as a gross misdemeanor, punishable by up to 364 days in jail and a $5,000 fine. However, it can be elevated to a Class C felony if the threat involves death or if the accused has prior harassment convictions involving the same victim or their family. Criminal harassment cases are prosecuted by the state, and a conviction results in a criminal record.

Civil Harassment

Civil harassment generally refers to repeated, unwanted behavior that seriously alarms, annoys, or harasses another person and serves no legitimate purpose. In Washington, victims can seek relief through a civil anti-harassment protection order under RCW 7.105, even if the conduct does not meet the criminal standard.

Civil harassment cases are initiated by the victim filing a petition in court. If granted, the order can prohibit contact, require the respondent to stay away from certain places, and impose other restrictions. Violating a civil harassment order is itself a crime, even if the underlying harassment was not criminal.

Key Differences

The primary difference is who brings the case and what is at stake. Criminal harassment is prosecuted by the state and can result in jail time, fines, and a permanent criminal record. Civil harassment is a private action brought by the victim, and the outcome is a court order—not a criminal conviction—unless that order is violated. Criminal harassment requires proof beyond a reasonable doubt, while civil harassment orders require proof by a preponderance of the evidence, which is a lower standard.

When Conduct Overlaps

Some conduct can result in both civil and criminal actions. For example, threatening someone’s life could lead to criminal charges and also support a petition for a civil protection order. In such cases, the victim may pursue both remedies, and the outcomes can impact each other.

Harassment laws in Washington offer both criminal penalties and civil remedies, depending on the nature and severity of the conduct. Whether you are accused of harassment or seeking protection, knowing the distinction between civil and criminal cases is critical for protecting your rights. The Law Office of Erin Bradley McAleer represents clients on both sides of harassment matters, providing experienced advocacy in criminal defense and civil protection order proceedings. Contact us today for a confidential consultation.