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Andrea, Esq.
Andrea, Esq., Attorney
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I need to know what forms I need to file a civil harassment

Customer Question

I need to know what forms I need to file a civil harassment (or criminal harassment if I can) and constructive eviction law suit against an HOA in Virginia and where to get them. I also need the "special" precip???? form require to file suit in Loudoun County.
What are the Virginia Code Sections dealing with civil harassment ( vs criminal harassment) and constructive eviction.
Please note: If I am paying for this information, I will need the all forms (even ones I may not have known to ask for) provided to me for the fee.
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

§ 18.2-60.3. Stalking; penalty.

Virginia does not have a Statute directly addressing "harassment". This conduct actually falls under the heading of 'stalking' and is addressed by Virginia Code Section 18.2-60.3. I have printed the relevant part below. If this is a defendant's first offense, it is classified as a class 1 Misdemeanor.

A. Any person, except a law-enforcement officer ...... who on more than one occasion engages in conduct directed at another person with the intent to place, or when he knows or reasonably should know that the conduct places that other person in reasonable fear of death, criminal sexual assault, or bodily injury to that other person or to that other person's family or household member is guilty of a Class 1 misdemeanor.

subsection B provides that if this same individual is convicted​ of violating Subsection (A) a second time within a 5 year period, commits a Class 6 felony.

Since this is a criminal offense, you would not file any form to have this individual prosecuted. Rather, you would make an appointment to speak with one of the Attorneys in the someone in the District Attorney's Office in your County and they would ask you for the facts and what acts this individual has done. They would then take over from there and prosecute the individual.

I will need a bit more information on your situation with the HOA in order to research Virginia law on constructive eviction and see if there are any forms for this. If there are no forms, you would have to institute an action against the HOA and a Judge would then decide if the actions of the HOA constituted a construction eviction.