To file harassment charges in Washington state, take your documented evidence to your local police department and file a report; officers investigate and forward the case to the prosecutor, who decides whether to charge the harasser criminally. You can also petition a civil court for a protection order at the same time. The two tracks run independently, so a decision in one does not close the other.
What Counts as Criminal Harassment
Washington’s criminal harassment statute applies when someone knowingly threatens to cause bodily injury, damage property, physically confine another person, or do any act intended to substantially harm someone’s physical or mental health.1Washington State Legislature. RCW 9A.46.020 – Definition, Penalties The threat alone is not enough. The person making it must also place the target in reasonable fear that the threat will actually be carried out.
That standard matters when you talk to police. Officers and prosecutors will look for a specific threat plus your reasonable fear that it would happen. Vague unpleasantness, rude behavior, or a single argument usually will not clear the bar, even when it feels serious to live through. A pattern of unwanted contact, following, or surveillance may not fit the criminal statute cleanly but often supports a civil protection order under Washington’s separate “unlawful harassment” standard, which covers a course of conduct that seriously alarms a person and would cause a reasonable person substantial emotional distress.2Washington State Legislature. Washington Code 10-14-020 – Definitions
If the Harassment Happens at Work
Harassment at your workplace based on race, sex, religion, disability, or another protected characteristic is handled under federal employment discrimination law, not Washington’s criminal harassment statute. The federal standard asks whether the conduct is severe or pervasive enough to create a work environment a reasonable person would consider intimidating, hostile, or abusive.3U.S. Equal Employment Opportunity Commission. Harassment If that describes your situation, start with an EEOC complaint rather than the steps below.
Electronic Harassment and Cyberstalking
Washington has a separate cyberstalking statute that covers electronic communications sent with intent to harass, intimidate, torment, or embarrass. It reaches three categories of conduct: sending lewd or obscene content, contacting someone anonymously or repeatedly, and threatening injury to the person or their family. “Electronic communication” is defined broadly and includes email, text messages, social media, pagers, and any transmission by wire or radio.4Washington State Legislature. Washington Code 9-61-260 – Cyberstalking
If the harasser is in another state or the messages traveled across state lines, federal law may also apply. Under 18 U.S.C. ยง 2261A, using the mail or any interstate electronic communication system in a course of conduct that places someone in reasonable fear of death or serious injury, or causes substantial emotional distress, is a federal crime.5Office of the Law Revision Counsel. 18 USC 2261A – Stalking In those situations you can file a report with the FBI’s Internet Crime Complaint Center at ic3.gov in addition to your local police report.6Internet Crime Complaint Center. Home Page
Document Before You Report
Cases fall apart when the victim remembers everything vividly but has almost nothing in writing. Start a log now, even if you are not certain yet whether you will file.
For each incident, record the date, time, and location. Write down exactly what happened and who else was present. Specificity is what keeps your account from being dismissed as vague. Save every piece of digital evidence: screenshots of text messages, emails, social media posts and direct messages, and voicemails saved as audio files. If unwanted letters, gifts, or other physical items arrive, keep them somewhere safe.
Put together a list of witnesses with their full names and contact information. Gather whatever identifying details you can about the harasser: full name, home address, workplace, phone number, vehicle description, and any known social media accounts. Police need this information to investigate, and a court will need it later to serve any protection order paperwork.
Filing the Police Report
Go to your local police department to file the report in person. Bring your incident log and copies of your digital and physical evidence. An organized presentation genuinely helps; an officer who can see the timeline at a glance is better positioned to understand what has been happening.
The officer will take your statement, review your evidence, and create an official report. Depending on the facts, the case may be assigned to a detective for follow-up investigation. When the investigation is complete, the report goes to your local prosecutor’s office.
The prosecutor decides whether to file criminal charges. You do not control that decision. Prosecutors evaluate whether the evidence meets the statutory elements and whether they can prove the case beyond a reasonable doubt. If charges are filed, the case proceeds through the criminal courts. If the prosecutor declines, that outcome does not block you from petitioning a civil court for a protection order on your own.
Penalties the Harasser Faces
Harassment is a gross misdemeanor in most cases, punishable by up to 364 days in county jail, a fine of up to $5,000, or both.7Washington State Legislature. Chapter 9A.20 RCW – Classification of Crimes The charge becomes a class C felony under any of the following:
- The person has a prior harassment conviction involving the same victim, the victim’s family or household members, or anyone named in a no-contact or no-harassment order.
- The person threatened to kill the target or anyone else.
- The person harassed a criminal justice participant or election official performing their duties, or because of decisions made in that role.
A class C felony carries up to five years in state prison, a fine of up to $10,000, or both.7Washington State Legislature. Chapter 9A.20 RCW – Classification of Crimes Cyberstalking follows the same gross-misdemeanor-to-felony escalation. It becomes a class C felony when the person has a prior harassment conviction involving the same victim or their family, or when the communication includes a death threat.4Washington State Legislature. Washington Code 9-61-260 – Cyberstalking
Also Consider a Civil Protection Order
A criminal case punishes the harasser, but a civil protection order is what puts an enforceable court command in your hands to keep them away from you. You file it yourself, and it does not depend on whether the prosecutor charges anyone. Washington uses a unified system: you file a single Petition for Protection Order, and the court determines the right category based on your circumstances, which include domestic violence, sexual assault, stalking, antiharassment, vulnerable adult, and extreme risk orders.8Washington State Legislature. RCW 7.105.100 – Filing, Types of Petitions If the harasser is not a family member, intimate partner, or roommate, your petition generally falls under antiharassment. Forms are available from your local district court clerk or the Washington Courts website.9Washington State Courts. Court Forms – Protection Orders
Petitions involving domestic violence, stalking, or sexual assault have no filing fee. Antiharassment petitions require a fee, but you can move to have it waived if you cannot afford it.9Washington State Courts. Court Forms – Protection Orders If a judge finds a risk of immediate harm when reviewing your petition, they can issue a temporary order right away that lasts until the full hearing.10Washington State Legislature. RCW 7.105.310 – Relief for Temporary and Full Protection Orders
Once a protection order is in place, knowingly violating its key provisions is a gross misdemeanor, and for domestic violence, sexual assault, and stalking protection orders, arrest is mandatory when an officer has probable cause to believe a violation occurred.11Washington State Legislature. RCW 7.105.450 – Enforcement and Penalties That enforcement mechanism is why pursuing an order alongside your police report is worth the effort, even when a criminal case is already moving.