Telephone Harassment

[nojusticeinohio]

What is the name of your state?Ohio
Does anyone know what the police consider telephone harassment? I was told by someone that it is how ever many calls that I feel is harassing to me. I would like to have a definite answer or number of calls before I start this process and end up looking like an a**. My daughter's father is to have no contact with her what so ever but he still calls my house once or twice a week expecting to talk to her. I can't change my number because then he will call my mother's house and she can't change hers because she has her business from her house. So even though he doesn't call that much, it is still a nuisance to me and my daughter. His mother also calls my house repeatedly (anywhere from 4 to 6 times a DAY) so I am going to add her to the harasment too. Any advise would help greatly. Thanks.

 

[ohiomomof3]

I wish you luck!

Ohio
I know I have been through this with my ex, and he was calling more than that, and at 3-4am repeatedly. I had voicemails, machine messages, he even called when the cops came here to take the report. They got on and told him to stop, he did, for a few days anyways. They will tell you to DOCUMENT EVERYTHING! It is a pain, but helpful if you do get the opportunity to show it to a prosecutor. I have yet to get that priviledge, but my ex backed off for awhile. Let the police take reports, I know I had to call dispatch just to inform them of it, without them actually coming over. Still, and this went on for months, never did my ex face any charges. When you have a child together, they tend to look at it differently. My ex even tried to tell police he was calling about his son, gee, at 4am?!? Good luck, and keep track of everything.

 

[LdiJ]

What is the name of your state?Ohio
Does anyone know what the police consider telephone harassment? I was told by someone that it is how ever many calls that I feel is harassing to me. I would like to have a definite answer or number of calls before I start this process and end up looking like an a**. My daughter's father is to have no contact with her what so ever but he still calls my house once or twice a week expecting to talk to her. I can't change my number because then he will call my mother's house and she can't change hers because she has her business from her house. So even though he doesn't call that much, it is still a nuisance to me and my daughter. His mother also calls my house repeatedly (anywhere from 4 to 6 times a DAY) so I am going to add her to the harasment too. Any advise would help greatly. Thanks.

Is dad to have no contact due to a restraining order? If so, calling you is a violation of the restraining order and should be reported as such.

Grandma on the other hand is definitely calling you enough to constitute harassment.

 

[jslopez711]

What is the name of your state?Ohio
Does anyone know what the police consider telephone harassment? I was told by someone that it is how ever many calls that I feel is harassing to me. I would like to have a definite answer or number of calls before I start this process and end up looking like an a**. My daughter's father is to have no contact with her what so ever but he still calls my house once or twice a week expecting to talk to her. I can't change my number because then he will call my mother's house and she can't change hers because she has her business from her house. So even though he doesn't call that much, it is still a nuisance to me and my daughter. His mother also calls my house repeatedly (anywhere from 4 to 6 times a DAY) so I am going to add her to the harasment too. Any advise would help greatly. Thanks.

Does he call and hang up or does he threaten you?

 

[rmet4nzkx]

What is the name of your state?Ohio
Does anyone know what the police consider telephone harassment? I was told by someone that it is how ever many calls that I feel is harassing to me. I would like to have a definite answer or number of calls before I start this process and end up looking like an a**. My daughter's father is to have no contact with her what so ever but he still calls my house once or twice a week expecting to talk to her. I can't change my number because then he will call my mother's house and she can't change hers because she has her business from her house. So even though he doesn't call that much, it is still a nuisance to me and my daughter. His mother also calls my house repeatedly (anywhere from 4 to 6 times a DAY) so I am going to add her to the harasment too. Any advise would help greatly. Thanks.

I am not going to go back and read all your posts to gather the facts you have omitted here. To provide you with appropriate advice we need the facts. Continuing to present the same issues in the guise of different questions until you get the answer you want doesn't help you in reality, it might solicit sympathy but that is not the purpose of this forum and something you should have learned by now after being here as long as you have been and making as many posts as you have made.

That being said, IF there was a court order preventing "no contact what so ever" such as you allude to, then you would either be contacting the police re obtaining a restraining order or filing contempt orders with the court. You may prefer no contact but unless you have specific orders, your actions may be seen as interference with his parental rights. You have made accusations of sexual abuse and even though you claim you have proof. Your repeated attempts at limiting his parental rights have not been successful in this regard, so to continue to slander his reputation in the community and with your daughter may backfire on you in the end. You claim he failed a drug test, that does not make him a child molester, it may as you suggest make him stupid for agreeing to take the test, but little more, in so far as the ocurts are concerned.

All this adversely affects your daughter and is not in her best interest. Your continued actions influence what memories she forms and how she in turn reports what occured. Get your head out of the hysteria of the past and get some counseling for yourself.

https://forum.freeadvice.com/showthread.php?t=278539

What is the name of your state?Ohio
I have a 4 year old daughter who has been sexually abused and molested by her father for the past 2 years. His family has an inside connection to children's services therefore all the allegations have not been investigated but pushed under the rug. I have proof of the allegations by medical reports, pictures, videotape, several diclosures to therapist and police officer and nurse and doctor and guardian ad litum and a caseworker from children's services. Children's services tried to turn it around on me by saying that I am "coaching" her to say things (even though she had physical marks that she said were from her dad rubbing her too hard). I got those charges dropped but still had to deal with sending her to her dad for visitation overnight once a week. They wouldn't even look into it because "he comes from a good family". The visitations were finally stopped because the idiot willingly submitted to a drug test in court and failed with flying colors. After the visitation was stopped he sent my 4YEAR OLD a 7 page card. On page 3 it said : So lonely. Went to the store to clear my head. They were having a sale on whipped cream and body oil. I need you. Children's services said that because he bought the card and he wasn't the one who wrote it they are not concerned about it and proceeded to tell me that I am taking it out of context. What other way do you take that? Anyway I contacted Justice for Children(they step in when Children's services fail to protect a child but you have to have clear, cut proof that the child was abused). Needless to say, they stepped in because I have the proof. They said this is one of the worst cases they have seen. Anyway, I guess my question is can I sue children's services for putting my child in danger on a weekly basis for the past year, for not doing their job, for possibly being paid off by his family, and for all the stress this has caused my daughter and my family? If anybody can help me , I am desperate. This is only the summed up version of the story. If anybody else would like to know more details please feel free to respond.

From this admission, I find it difficult to believe a competent court today would find the father totally responsable for any harm or abuse, if in fact any occured and that you are the one heading towards having your parental rights limited. The opinion of a special interest group, does not trump the courts.

 

[rmet4nzkx]

Here is your first thread.

Your main interest is financial, not re the best interest of your child or about sexual child abuse. This sets the tone for everything that follows and in turn your credibility. It may have even compromised your credibility with jfc once they investigate your case.
https://forum.freeadvice.com/showthread.php?t=275905
9-14-5
can i get reimbursed for attorney fees

What is the name of your state?undefinedWhat is the name of your state?ohio

My child's father took me to court a year and a half ago because he wanted visitation and shared parenting. I had to hire a high price attorney for this case. Long story short, we have been battling in court up until yesterday. In the past 4 months he willingly submitted to a drug test in court and failed with flying colors and got visitation taken away from him, requested a psychological evaluation on me and then violated the court order by not paying for it, and yesterday he didn't even show up for the trial. The judge dismissed everything leaving me with sole custody of my daughter and no rights for him (thank god), and an extremely high attorney bill. Can I go after him for all my attorney fees since he was the one who started this and ultimately ended it by not showing up? If it were not for him I would never have needed to obtain an attorney. Any advice would be helpful.

Then 2 days later you start spinning the child sexual abuse story, knowing it is inflamatory and guarenteed to solicit sympathy, however please note that it did not draw the attention most of the senior members and none of the attorneys commented at all.
https://forum.freeadvice.com/showthread.php?t=276271
9-16-5
fighting child protective services

undefinedWhat is the name of your state?ohio
Has anybody ever fought childrens services and won? I have been through hell this past year and now I'm ready to retaliate against them. My daughter who is 4 years old has been repeatedly sexually abused and molested by her father. His family has an inside connection to childrens services and every time, it gets swept under the rug. I have medical reports, police reports, and therapists reports confirming the abuse but every time children services gets involved they destroy the case. My daughter has even told caseworkers that her dad is doing this. They even went so far as to try to charge me by saying that I am putting this in her head to keep her away from her dad. They say he comes from a good family and they don't believe he did anything to her. Her father is the same man who just recently failed a drug test in court(testing positive for cocaine) and did not pass a psychological evaluation. The only thing that stopped his visitation was the drug test. Then he sent my 4 year old a card that was seven pages long and on the third page said : "so lonely. went to the store to clear my head. They were having a sale on whipped cream and body oil. I need you." Childrens services proceeded to tell me that I am taking the card out of context. How do you take that any other way but as being sexual? That is highly inappropriate for any child let alone one that you are being accused of sexually abusing. How do I get childrens services to pay for what they have done (or not done I should say)? They have exposed my daughter to the abuse for over a year and have no intentions of charging him with anything. Where do I go from here to get someone to listen? He is going to continue to do this over and over again probably with someone elses child because he has no access to mine for the time being. So everybody in Texas beware there could be a child molester livin in your neighborhood. I don't have an exact location but I know he's in Texas. Any input on this matter would be extremely helpful.

I have contacted a program called Justice for Children and they are stepping in on my case. I had to send them all the proof I have and they said they said they have more than enough for them to intervene. I have no idea what their plans are but hopefully they will get some results. I am just so distraught that this child molester is still walking the streets living a normal life like nothing has happened while my daughter still continues to have nightmares and flashbacks about it. You don't know how sickening it is to have your baby tell you about someone biting her in the genitals, having blood in her underwear and daddy having to hurry up and wash them so nobody finds out, and using a "long yellow tickle toy" on her in the genitals. There could never be any amount of justice for what she has been through. The ******* needs to be in prison where he can be the helpless victim when the big guys find out what he's in there for and they start bending him over.
[/quote]
I am not going to tear apart the inconsistancies in your "story" I will address some of the legal issues.

Forget the card, there is no way to prove any sexual intent in a card that a 4 yo cannot read and who's father may not have bought or actually read. Go to the card asile and observe who buys cards and the difficulty men have with the process, if they are there at all! How many times have you been there and a guy comes up to you totally clueless as to what card to pick from the thousands of choices, and asks for help or ask a clerk, I'm sure they will be happy to share their collection of stories. He could have been attracted to the card by the cover, the fact that it had pretty pictures, lots of pages, he could have been in a hurry, he may not have been thinking at all, you are reading entirely too much into this "card". What is important is that he remembered your daughter's birthday and got her a card, and it wasn't the cheapest card on the rack either.

You have allowed visitation in the past, dad sought to increase his role as a parent. He came seeking shared parenting, which you then fought by hiring an expensive attorney and making accusations of sexual child abuse in a child easily influences and too young to be a credible witness.

You have demonstrated here that you don't give an accurate account of facts which in turn will be interpreted by objective evaluations as they have, that you are influencing your child.

There is no proof and or relevance that these findings are the result of his family's influence over the CPS system.

He agreed to a drug test and failed, he also asked for you to have a psychological evaluation, all which is within his rights. I suspect that he didn't expect to fail the test and that he failed caused him to reasess his current plans.

He petitioned the court, the fact that he failed to appear is not contempt. He allowed the court to dismiss the current modification most likely because he wants to get his act together and to save up the money for the psychological evaluations. SO you need to expect him to clean up his act insofar as the drugs and to save up the money for the psychological evaluations and then petition the court again for visitation. From what you stated, the court did not impose any restraining order, there is no order preventing any contact what so ever, that is YOUR interpretation of the fact that the case was dismissed.

The fact that the judge did not award you attorney fees, indicates that you did not prevail, only his default for the time being is putting off another petition and your eventual psychological evaluation. If your attorney felt you had a viable case with any merit, they would have petitioned the court for your court costs. The court is sending you a message and you should be grateful that you have avoided the psychological evaluation for the time being because you are likely to be disappointed no matter the findings. Also expect any court ordered forensic evaluator to ask the judge to envoke "quasi Judicial Immunity".

YOU seriously need to get some counseling.

 

[casa]

rmet~ are you kidding?! This man sent a card to his daughter saying those things after being investigated for sexual abuse. I think Mom should file to prevent any and all phone contact!

 

[Susan MacLove]

rmet:

Reading the accusations you are making that this woman is fabricating the sexual abuse makes me sick. Perhaps she didn't come right out with it in the beginning because of the horrific nature..no one wants to believe abuse happens, but it does, and at a high rate.(I believe the figures are 1 in 3 girls and 1 in four boys) Why shouldn't she want to be reimbursed for the attorney fees? He started it, hoping to get the little girl alone and thank god for her he dropped it. I would put cold cash on a bet that more sexual abuse is hidden and swept under the rug than is fabricated. Wake up and smell the coffee.

 

[betterthanher]

What is the name of your state?Ohio
Does anyone know what the police consider telephone harassment? I was told by someone that it is how ever many calls that I feel is harassing to me. I would like to have a definite answer or number of calls before I start this process and end up looking like an a**. My daughter's father is to have no contact with her what so ever but he still calls my house once or twice a week expecting to talk to her. I can't change my number because then he will call my mother's house and she can't change hers because she has her business from her house. So even though he doesn't call that much, it is still a nuisance to me and my daughter. His mother also calls my house repeatedly (anywhere from 4 to 6 times a DAY) so I am going to add her to the harasment too. Any advise would help greatly. Thanks.

I'll tell you exactly how it's to be done in Ohio since I am about to head to the police department and officially file charges against an ex-dumbass (phone company traced the calls) for telephonic harassment.

First, is there an order not to call your house? If so, then as instruced, you need to file a contempt of court order and also alert the police department in your community, along with your phone provider and they will set up a trace at no charge (all they need is one call). But, you MUST file a police report and give the phone provider a report #, officer's name and police department.

If there is already an order prohibiting him from calling, it could constitute a 5th degree felony for each offense. Plus, if others are calling 'for him' that will work against him as well.

Now, as far as the mother goes, I would highly suggest you send a letter to her tomorrow -- certified with return reciept -- asking her to cease her calling your house and other relatives/family members of yours for any reason. If she has no legitimate reason to be calling, then you need to state it in the letter. Also cite in this letter the amount of times she's called on specific dates (and times if you have them). You need to be able to show a "pattern" of harassment and noting it in the letter will do just that.

You need to be firm in this letter and professional, but not come off confrontational because all that will do is "invite" her to call, so watch using any "provoking" language. If you've told her not to call you in the past and she continues, you would have something there, but it becomes a "he said/she said" game that goes nowhere. Actual written documentation goes further. One more call after she recieves the letter and you can head to your police station and file a report (the letter you sent can be filed with the report as well).

Here is Ohio Revised Code on telecommunications harassment:

§ 2917.21. Telecommunications harassment.

(A) No person shall knowingly make or cause to be made a telecommunication, or knowingly permit a telecommunication to be made from a telecommunications device under the person's control, to another, if the caller does any of the following:
(1) Fails to identify the caller to the recipient of the telecommunication and makes the telecommunication with purpose to harass or abuse any person at the premises to which the telecommunication is made, whether or not actual communication takes place between the caller and a recipient;

(2) Describes, suggests, requests, or proposes that the caller, the recipient of the telecommunication, or any other person engage in sexual activity, and the recipient or another person at the premises to which the telecommunication is made has requested, in a previous telecommunication or in the immediate telecommunication, that the caller not make a telecommunication to the recipient or to the premises to which the telecommunication is made;

(3) During the telecommunication, violates section 2903.21 of the Revised Code;

(4) Knowingly states to the recipient of the telecommunication that the caller intends to cause damage to or destroy public or private property, and the recipient, any member of the recipient's family, or any other person who resides at the premises to which the telecommunication is made owns, leases, resides, or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged;

(5) Knowingly makes the telecommunication to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those premises, and the recipient or another person at those premises previously has told the caller not to make a telecommunication to those premises or to any persons at those premises.

(B) No person shall make or cause to be made a telecommunication, or permit a telecommunication to be made from a telecommunications device under the person's control, with purpose to abuse, threaten, or harass another person.

(C) (1) Whoever violates this section is guilty of telecommunications harassment.

(2) A violation of division (A)(1), (2), (3), or (5) or (B) of this section is a misdemeanor of the first degree on a first offense and a felony of the fifth degree on each subsequent offense.

(3) Except as otherwise provided in division (C)(3) of this section, a violation of division (A)(4) of this section is a misdemeanor of the first degree on a first offense and a felony of the fifth degree on each subsequent offense. If a violation of division (A)(4) of this section results in economic harm of five hundred dollars or more but less than five thousand dollars, telecommunications harassment is a felony of the fifth degree. If a violation of division (A)(4) of this section results in economic harm of five thousand dollars or more but less than one hundred thousand dollars, telecommunications harassment is a felony of the fourth degree. If a violation of division (A)(4) of this section results in economic harm of one hundred thousand dollars or more, telecommunications harassment is a felony of the third degree.

(D) No cause of action may be asserted in any court of this state against any provider of a telecommunications service or information service, or against any officer, employee, or agent of a telecommunication service or information service, for any injury, death, or loss to person or property that allegedly arises out of the provider's, officer's, employee's, or agent's provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section or section 4931.31 of the Revised Code. A provider of a telecommunications service or information service, or an officer, employee, or agent of a telecommunications service or information service, is immune from any civil or criminal liability for injury, death, or loss to person or property that allegedly arises out of the provider's, officer's, employee's, or agent's provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section or section 4931.31 of the Revised Code.

Other possible violations could be 'menacing by stalking' and/or 'stalking' under the Ohio Revised Code.

You could also file a Civil Protection Stalking Order against the parties as well.

 

[rmet4nzkx]

rmet~ are you kidding?! This man sent a card to his daughter saying those things after being investigated for sexual abuse. I think Mom should file to prevent any and all phone contact!

She already tried that and CPS saw the card and thought she was reading too much into it, remember we only have her account of it, they saw it. She had an attorney, don't you think they would have filed such a motion if it were founded? This is not a pro se litigant. There was an investigation and her claims were found to be unfounded and in fact CPS believed that her child's reports were based on her suggestions after dad filed for shared custody and more custody. SHe comes here looking to take revenge against CPS. This woman's posts are imflamatory and NOT credible. Sorry that is what I got after reviewing the posts for facts.

 

[rmet4nzkx]

rmet:

Reading the accusations you are making that this woman is fabricating the sexual abuse makes me sick. Perhaps she didn't come right out with it in the beginning because of the horrific nature..no one wants to believe abuse happens, but it does, and at a high rate.(I believe the figures are 1 in 3 girls and 1 in four boys) Why shouldn't she want to be reimbursed for the attorney fees? He started it, hoping to get the little girl alone and thank god for her he dropped it. I would put cold cash on a bet that more sexual abuse is hidden and swept under the rug than is fabricated. Wake up and smell the coffee.

No, that is what CPS determined after their investigation, false reports greatly exceed founded reports of abuse.

 

[LdiJ]

She already tried that and CPS saw the card and thought she was reading too much into it, remember we only have her account of it, they saw it. She had an attorney, don't you think they would have filed such a motion if it were founded? This is not a pro se litigant. There was an investigation and her claims were found to be unfounded and in fact CPS believed that her child's reports were based on her suggestions after dad filed for shared custody and more custody. SHe comes here looking to take revenge against CPS. This woman's posts are imflamatory and NOT credible. Sorry that is what I got after reviewing the posts for facts.

Sorry Rmet, but I honestly think that you are the only person who sees this case that way. I think dad is one sick puppy. What's more, if he wasn't sick he wouldn't have run.

 

[casa]

She already tried that and CPS saw the card and thought she was reading too much into it, remember we only have her account of it, they saw it. She had an attorney, don't you think they would have filed such a motion if it were founded? This is not a pro se litigant. There was an investigation and her claims were found to be unfounded and in fact CPS believed that her child's reports were based on her suggestions after dad filed for shared custody and more custody. SHe comes here looking to take revenge against CPS. This woman's posts are imflamatory and NOT credible. Sorry that is what I got after reviewing the posts for facts.

ANY man who writes: "so lonely. went to the store to clear my head. They were having a sale on whipped cream and body oil. I need you." to a 4 year old, after being accused of sexual abuse is SICK.

You erroneously state the father could have been 'attracted to the cover of the card'...how could you MISS that it wasn't the card, but what the father had WRITTEN inside it?!

The verbiage alone could consitute emotional/sexual abuse. Unfortunately an inept social worker in OH didn't find anything alarming with that wording.

Also~ It is absolutely UNTRUE that most reports of sexual abuse are fabricated. Many cannot be substantiated, however, that is not the same as being untrue.

CPS did not find the father innocent, they declined to press charges because he came from a 'good family. The OPs case includes: "proof of the allegations by medical reports, pictures, videotape, several diclosures to therapist and police officer and nurse and doctor and guardian ad litum and a caseworker from children's services."

It is actually more common for perpetrators to use money and influence to avoid charges...that does not make them innocent.

I have read all OPs posts- and I absolutely disagree with your assessment.

Also, you say that it's not contempt for father to fail to appear in court...but it certainly isn't the behavior of someone 'innocent' either.

 

[rmet4nzkx]

Sorry Rmet, but I honestly think that you are the only person who sees this case that way. I think dad is one sick puppy. What's more, if he wasn't sick he wouldn't have run.

The facts in evidence and after investigation suggest otherwise. She can make 100 reports or accusations, that proves nothing, apparently when put to the test, the accusations were deemed to be unfounded. He may be a sick puppy, but OP's behaviors have totally clouded the issue and it would be impossible, barring physical evidence of abuse, to determin if in fact any abuse occurred. OP admits being out to get CPS and it would seem that she cannot be distracted by the truth. What concerns me is that her child will be adversely affected the rest of her life whether or not abuse occured. Apparently her own attorney is not pushing this, and they have more access to the facts than we do.

 

[nojusticeinohio]

Rmet - As for everyone else - thank you for sticking up for me. I really appreciate it. And thanks for the advise.