Results 1 to 18 of 18
  1. #1
    Forum Member
    Join Date
    Oct 2008
    Location
    colorado
    Posts
    86

    If someone threatens me, what happens to THEM?

    if they left a message on my answering machine and i feel they've been following me around, can they get arrested for that? or can i sue them, at the least, for harassment??

  2. #2
    Molon Labe LA DEP's Avatar
    Join Date
    Dec 2007
    Location
    Los Angeles
    Posts
    9,128
    Define 'threatened'...........most state laws have a very specific wording in order to make it a crime.....
    The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

    "Politicians are like diapers. They need to be changed often and for the same reason"

    "We fight not for glory; nor for wealth; nor honor, but only and alone we fight for freedom, which no good man surrenders but with his life"

  3. #3
    Go on, touch it... JSD73's Avatar
    Join Date
    Oct 2006
    Location
    Texas
    Posts
    3,783
    You "feel" they're following you around?? Normally a message, one time and one time only is not gonna be enough and even if it is, will probably be thrown out in the end.

    Harassment as defined by Texas Penal Code has nothing to do with following you around and has everythign to do with communication by phone, mail, or electronic methods.

    Can you sue? This is America, anyone can sue for anything, go ahead tie up the courts becuase they don't have anything else better to do.

    Best thing you can do is document 'actual' events as they have happened.

  4. #4
    Resident Misanthrope Monkeybomb's Avatar
    Join Date
    Oct 2007
    Location
    MCLMM
    Posts
    8,402
    Depends on the message that was left. If you feel threatened you have the option of trying to get a restraining order even if its not criminal. They may not issue an RO if there isn't sufficient reason..............
    The early bird may get the worm, but the second mouse gets the cheese.

  5. #5
    Forum Member
    Join Date
    Oct 2008
    Location
    colorado
    Posts
    86
    Quote Originally Posted by LA DEP View Post
    Define 'threatened'...........most state laws have a very specific wording in order to make it a crime.....
    they say they're going to 'come after me' implies by attacking me or through some other violent method. plus i can't exclude the swearing. there was so much of it.

  6. #6
    Forum Member
    Join Date
    Oct 2008
    Location
    colorado
    Posts
    86
    Quote Originally Posted by Monkeybomb View Post
    Depends on the message that was left. If you feel threatened you have the option of trying to get a restraining order even if its not criminal. They may not issue an RO if there isn't sufficient reason..............
    lots of swearing and racial marks. and it was through cellphone. suing was just a drastic suggestion.

  7. #7
    Molon Labe LA DEP's Avatar
    Join Date
    Dec 2007
    Location
    Los Angeles
    Posts
    9,128
    ok....(at least in CA) this does not even get CLOSE to 'Criminal Threats'.....

    If they have only called you once or twice, it also doesnt get to 'annoying/threatening phone calls' either......

    Document what was said (keep a recording of it if you can); the date/time ect.....start making a log of the calls (if they continue).....advise the person to cease calling you (a waste of time, but still needed)

    If the calling continues, then try for a restraining order to keep them from calling.....

    If it escalates to actual threats, then make a police report ASAP.....
    The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

    "Politicians are like diapers. They need to be changed often and for the same reason"

    "We fight not for glory; nor for wealth; nor honor, but only and alone we fight for freedom, which no good man surrenders but with his life"

  8. #8
    Forum Member DenverDevilDog's Avatar
    Join Date
    Apr 2005
    Location
    Colorado
    Posts
    126
    As said before, document everything. Save the messages you get, etc. Without hearing the message and knowing any information about the situation, I'd say go get a RO. If you personally feel afraid that something may happen then call your local police, they'll get you squared away.

  9. #9
    Opionated stormz5192's Avatar
    Join Date
    Feb 2008
    Location
    NEW JERSEY
    Posts
    2,625
    Why does everyone what to sue? You are being harassed. Sign a harassment charge against them and go to court. Unless you are loosing money, no need to sue. No wonder the civil court is so F'ed up.

  10. #10
    Forum Member
    Join Date
    Jun 2006
    Location
    Central Florida
    Posts
    3,049
    Maybe they just really hate your book or screenplay or whatever it is.

  11. #11
    Forum Member
    Join Date
    Oct 2008
    Location
    colorado
    Posts
    86
    Quote Originally Posted by StudChris View Post
    Maybe they just really hate your book or screenplay or whatever it is.
    when you say that, it makes me feel like an established writer. but im not. just a college level writer. and "they" wouldn't dislike it, because "they" don't exist. it's a piece i'm incorporating into my article. (i'll cite this website down when i'm finished, just to show i wasn't the one who had come up with the solutions, of course).

  12. #12
    Forum Member CruiserClass's Avatar
    Join Date
    Sep 2006
    Location
    Indianapolis IN
    Posts
    4,962
    If its repeated, could be a low level misdemeanor harrassment charge, but not enough for an intimidation charge in Indiana.

    If you feel seriously threatened, seek a protective order. Then its a crime to call for any reason once its served.

  13. #13
    Ask em, Tell em, Make em TazedYaBro's Avatar
    Join Date
    Aug 2008
    Location
    Maryland
    Posts
    236
    Im Maryalnd unless you are an elected offical its not illigal to threaten you. People can say what ever they want to almost who ever they want.
    The greatest misconception in police work that gets more officers killed is alot of cops are still taught to use the "minimum force necessary". In reality a true professional will always resort to the "Maximum Allowable Force" to resolve a situation. They mean the same thing, however one is a restriction and the other is an empowerment.

  14. #14
    Forum Member
    Join Date
    Oct 2008
    Location
    colorado
    Posts
    86
    Quote Originally Posted by CruiserClass View Post
    If its repeated, could be a low level misdemeanor harrassment charge, but not enough for an intimidation charge in Indiana.

    If you feel seriously threatened, seek a protective order. Then its a crime to call for any reason once its served.
    i'm surprised at how much has to happen before actually putting the restraining order into effect. that seems like a good way to neglect a potentially serious thing. but it varies in states, so maybe mine is different than most others.

  15. #15
    Resident Misanthrope Monkeybomb's Avatar
    Join Date
    Oct 2007
    Location
    MCLMM
    Posts
    8,402
    The restraining order has nothing to do with criminal action. It is a civil issue in Colorado. If you want a restraining order you have to go attempt to get one...........................
    The early bird may get the worm, but the second mouse gets the cheese.

  16. #16
    Opionated stormz5192's Avatar
    Join Date
    Feb 2008
    Location
    NEW JERSEY
    Posts
    2,625
    Restraining orders are only issued for Domestic Violence in NJ. Unless you are romantically involved or a family member, no order can be issued.

  17. #17
    Forum Member
    Join Date
    Jul 2005
    Location
    O-H...
    Posts
    923
    Keep in mind that tons of people are told "I'm gonna beat you up" or similar terms EVERYDAY. I'm sure i've said it and been told it before. Without a certain level of action or history they are nothing more but words. And you taking the time to come on here and ask us as oposed to taking actions that could actually help you really doesn't say that you are terrified.

  18. #18
    Resident Misanthrope Monkeybomb's Avatar
    Join Date
    Oct 2007
    Location
    MCLMM
    Posts
    8,402
    Quote Originally Posted by stormz5192 View Post
    Restraining orders are only issued for Domestic Violence in NJ. Unless you are romantically involved or a family member, no order can be issued.
    Colorado hands the darned things out like candy. In my Jurisdiction more than 1 in 10 people people are restrained from each other..............
    The early bird may get the worm, but the second mouse gets the cheese.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •