Magnum Posted June 5, 2011 Share Posted June 5, 2011 I guess I'll ask this here. I had a friend of mine that became quite abusive with me both psychologically and one time physically. It's been a couple of weeks since the last time I got a text or anything from him. Let's just say that the texts I received within the past month were threats (because really, that's what they were). I'll list examples of a couple 1) I gave my friends your number and I'll make sure to leave it everywhere that I can. 2) If you don't answer your phone and talk to me for 5 minutes, I will show up at your house. 3) You had better thank the lord I was able to control myself tonight. You don't know what I'm capable of 4) Just remember. I know where you live and I'm not afraid of you, your mom, or your dad. 5) I was expelled from school for fighting and I was arrested for fighting. I'm not the least scared of you or the cops. .... okay. There's about 50 of these in my phone from over a 4 week period of time dating from late April till around May 15th or so. Those are just a few of the threats. I don't really feel safe going anywhere. I did go to the mall one day when he was there and he confronted me and started following me. The security guards stopped him and told him to leave. ... Umm, I just feel like filing for a harrassment. I don't see how I could lose, but I want to know what you all think based on what I provided. Link to post Share on other sites
Trimmer Posted June 5, 2011 Share Posted June 5, 2011 When you say "take him to court", are you talking about filing for a restraining order, suing him (in civil court) for damages, or trying to get a criminal charge filed against him (in criminal court)? Are you in the states? Things are certainly different in other countries... Link to post Share on other sites
Eve Posted June 5, 2011 Share Posted June 5, 2011 *HUGS* Hopefully others can give a more legally based answer. I have experienced something similar and in the end was attacked. I had to move, twice. These types can be persistent, so get help. Even if it is just for the Police to have all the details. I didn't find the legal system much help. My brothers sorted him out in the end. Take care, Eve x Link to post Share on other sites
Author Magnum Posted June 5, 2011 Author Share Posted June 5, 2011 When you say "take him to court", are you talking about filing for a restraining order, suing him (in civil court) for damages, or trying to get a criminal charge filed against him (in criminal court)? Are you in the states? Things are certainly different in other countries... Yeah, I'm in the states. Sorry I didn't mention that. I was hoping to do a little more than a restraining order. Honestly, I'll take whatever I can get though, you know? Link to post Share on other sites
carhill Posted June 5, 2011 Share Posted June 5, 2011 In California, under Penal Code Section 422, a criminal threat has five elements: 1. the accused willfully threatened to commit the crime that will result in death or great bodily injury; and2. the accused made the threat with the specific intent that it be taken as a threat; and3. the threat is so unequivocal, unconditional, immediate, and specific as to convey a gravity of purpose and the immediate prospect of execution; and4. the threat actually caused sustained fear in the victim; and 5. the sustained fear was reasonable. Google 'terrorist threats criminal law' for more information. Link to post Share on other sites
Art_Critic Posted June 5, 2011 Share Posted June 5, 2011 I think at the very least you should take your phone and go on down to the police station and talk to someone about it... He is harassing you and if he has threatened to hurt you then he is also in violation of some other laws. I don't know what they will or can do but certainly they can talk with him via phone, tell him to leave you alone and he can explain why he isn't scared of them Link to post Share on other sites
Author Magnum Posted June 5, 2011 Author Share Posted June 5, 2011 I think at the very least you should take your phone and go on down to the police station and talk to someone about it... He is harassing you and if he has threatened to hurt you then he is also in violation of some other laws. I don't know what they will or can do but certainly they can talk with him via phone, tell him to leave you alone and he can explain why he isn't scared of them Alright. Sounds like a plan. I know when I talked to the cops last month, their reply was a simple "oh, just change your number". Like, why should the $15 come out of my wallet when I didn't choose to be in this spot? But, again, they didn't go through the texts or anything. I suppose you have to place a hearing and go through the fun court hoopla for that. Link to post Share on other sites
carhill Posted June 5, 2011 Share Posted June 5, 2011 (edited) You file a criminal complaint. You essentially swear this crime was committed on your person. Alternatively, you can go the restraining order path. Here's an example of that path in the California Courts: http://www.courtinfo.ca.gov/selfhelp/protection/wherehelp-depadnodk.htm Use Google. It will help you ETA that I have filed criminal complaints in the past. YMMV on the DA prosecuting them. RO is probably the best path, especially if the person doesn't 'scare' easily. Since you haven't been damaged financially (at least not demonstrably and substantially) civil action isn't really worthwhile. We'll be happy to hear vents. Value? Priceless Edited June 5, 2011 by carhill Link to post Share on other sites
Author Magnum Posted June 6, 2011 Author Share Posted June 6, 2011 You file a criminal complaint. You essentially swear this crime was committed on your person. Alternatively, you can go the restraining order path. Here's an example of that path in the California Courts: http://www.courtinfo.ca.gov/selfhelp/protection/wherehelp-depadnodk.htm Use Google. It will help you ETA that I have filed criminal complaints in the past. YMMV on the DA prosecuting them. RO is probably the best path, especially if the person doesn't 'scare' easily. Since you haven't been damaged financially (at least not demonstrably and substantially) civil action isn't really worthwhile. We'll be happy to hear vents. Value? Priceless Thank you very much. Well, this is what the scenario appears to be ... Since i didn't mention it earlier, I am from Florida. I know that I can receive a Temporary Restraining Order if I'm accepted for the future court hearing. This is where it gets a little tricky for me. My friend doesn't own a car nor should I say he's wealthy enough for an attorney. Come on now, the guy is 18 and doesn't even have an income to his name. I could take a gamble and not hire an attorney in hopes he makes a no show for the hearing. In that case, from what it says, I'm granted the Permanent Restraining Order. I guess that's a lot to think over. Link to post Share on other sites
Author Magnum Posted June 11, 2011 Author Share Posted June 11, 2011 Quick question. How long can I wait before the evidence is considered to be "too old" and then becomes irrelevant? I've been trying to get more advice from people as to what to do on this case. Link to post Share on other sites
Tayla Posted June 11, 2011 Share Posted June 11, 2011 Quick question. How long can I wait before the evidence is considered to be "too old" and then becomes irrelevant? I've been trying to get more advice from people as to what to do on this case. Any questions you are asking pertaining to legal proceedings need to be answered by a qualified and educated lawyer in your state of residency. Its not a "case" til it presented to the courts for review. I can say from experience , a restraining order is a piece of paper, it doesn't stop the criminal..... Link to post Share on other sites
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