Harassment and death threats

Discussion in 'Use of the Law Forum & News' started by ethanwilliam, Dec 4, 2013.

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  1. ethanwilliam

    ethanwilliam Law Topic Starter New Member

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    There is this guy who has a criminal record and is now dating my ex girlfriend and wants to assault me. For the past year and a half every month or so he will text me and harass me and recently has started making death threats. This person is crazy and has threatened me with his gun. I am not aware where to file a claim or if this is even a good idea. I don't want him to know about it just have it incase he ever does anything so that if he does I can put him away for a while.

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  2. Proserpina

    Proserpina Moderator

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    Is there any reason why you didn't change your number?
     
  3. ethanwilliam

    ethanwilliam Law Topic Starter New Member

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    I live around the guy and am worried about seeing him out, I have blocked him on various social medias but haven't gone that far yet

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  4. Proserpina

    Proserpina Moderator

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    Take all the evidence to the police station. You can file for a restraining order, but there's no guarantee it would be approved.
     
  5. CdwJava

    CdwJava Moderator

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    What state are you in?

    Since you have not yet reported these threats to the police, I think it's clear that you do not take them too seriously, so that might play against you with regards to any criminal report or even a restraining order. But, depending on your state, the claims alone might be sufficient to convince a court to issue such an order ... provided you have some proof.
     
  6. ethanwilliam

    ethanwilliam Law Topic Starter New Member

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    I am at a college close to my home town where he resides. at first I didn't think they were a big deal until he started with the gun so I've not started collecting evidence.

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  7. CdwJava

    CdwJava Moderator

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    And what state are you in?

    And how did he threaten you with the gun?
     
  8. ethanwilliam

    ethanwilliam Law Topic Starter New Member

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    Over phone and PA

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  9. Proserpina

    Proserpina Moderator

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    Unfortunately without proof, you don't have much to work with.
     
  10. ethanwilliam

    ethanwilliam Law Topic Starter New Member

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    Yeah I'm starting to collect texts now I finally had enough as he sent me one tonight.

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  11. ethanwilliam

    ethanwilliam Law Topic Starter New Member

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    If and when I get some I will do all of this plus I have numerous friends that can vouch for the threats as well

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  12. army judge

    army judge Super Moderator

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    Your friends saying he did THIS or THAT, is equivalent to you saying it.
    You will require PROOF.
    Start collecting it, as you indicated.
    It's also worth changing your number.
    A restraining order is useless in most cases.
    It's simply a piece of paper, signed by a judge ordering him to steer clear of you.
    People have DIED, expecting that piece of pretty paper to protect them.
    It's best to avoid these kinds of savages.
    They truly don't care about things the way civilized people do.
    They enjoy destroying and ruining lives.
    You must protect yourself.
    Stop dancing with the devil.
     
  13. CdwJava

    CdwJava Moderator

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    I beg to differ that a restraining order is useless in most cases. While it won't stop a person from committing violence if they choose to, what it DOES do is give the police the ability to take action before it gets to that level. Without a restraining order, the communication might be considered perfectly lawful even if rude and obnoxious. With it, the person can be arrested for violating the order and that might have an impact. I've seen it work countless times over the decades.

    Without the order, all the police can often do in situations that involve harassment is shrug and say, "That sucks." And while making the communication might be a crime in your state, it may not be a crime that carries any real weight or is likely to result in an arrest unless it is so specific and immediate as to give a reasonable person reason to care for their immediate safety - and that's a high burden of proof to meet. A restraining order, on the other hand, has much lower elements that must be met and depending on state law and county prosecution policy, may result in immediate arrest and/or the filing of criminal charges.

    So, if you wish the police or a court to act then you will need proof of the threats and harassment.
     
  14. ethanwilliam

    ethanwilliam Law Topic Starter New Member

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    He has had a restraining order against him before with his ex girlfriend and broke it before. That's my only concern with that, that if I get it he will come after me while if he sees me randomly and has no weapon and even though it would really suck just have him beat me then get him sent off to jail then rather him have the order issued and have him come to my house as he has indicated he has done before but this time actually act on it.

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  15. CdwJava

    CdwJava Moderator

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    If he broke it and no one reported it (or she was the sole witness and recanted - as frequently happens) then of course it won't work.

    No one says you HAVE to get a restraining order. But, if you want there to be a hope of preemptive action, you'll need one. If you want to wait until you are attacked, then you won't.
     
  16. ethanwilliam

    ethanwilliam Law Topic Starter New Member

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    Is there anything I can get that isn't a restraining order but will put him away if he ever attacks me?

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  17. Proserpina

    Proserpina Moderator

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    If anything happens, report it to the police and the state will decide whether or not charges will be filed.
     
  18. drobinette

    drobinette New Member

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    I'm not an authority, however, it is my understanding that if he ever makes even a verbal threat of violence toward you, and I within the proximity to make good on the threat, it is considered assault, whether or not he carries through.


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