Drunken Telephone Harrassment

[Reinermom]

What is the name of your state (only U.S. law)? CA
We have an acquaintance who has a drinking problem, we've know it for at least 4 years now, but about 2 times a year she goes on a binge. When she is on these binges, she seems to have a love of the telephone and this time my family is at the brunt of her binge. We've blocked her phone number but she gets around it. This time, she's gone too far for whatever reasons and has actually made a complaint with our local animal control, (this was verified by a friend who works at the Sheriff's office, which animal control is part of where we live). She claims to have also called the sheriff's office (not sure if she really did or not on this one) and for whatever reasons, we are not allowed on her property any longer. We're just plain sick of this, and am wondering can I make a complaint on her filing false reports. We are a rural community and animal control will probably eventually show up and see our animals, fat, clean and healthy. Do we have any recourse on filing something to get her attention and maybe she'll get the hint and get some help.

[quincy]

It would be up to a prosecutor to bring charges against the binge-drinker for filing false police reports. You cannot. And I doubt very strongly, if these calls come in only twice a year and are settled quickly, that the state will want to expend any time, energy or resources pursuing charges against her.

You could contact an attorney and have the attorney send this woman a cease and desist letter, advising her that her calls are becoming a nuisance and you may seek legal recourse against her if they continue. I imagine, however, that if the calls are the result of her twice-annual drinking binge, she will continue to make phone calls, regardless of any warning letters from an attorney.

Your best bet may be to continue with the phone block, expect nuisance calls twice a year, and, if you speak with her, encourage her to get help.

[The Occultist]

I guess I don't see the problem. You are not allowed on this person's property, so just stop going, right?

[quincy]

Ahh. The old "common sense" approach to a problem, huh, The Occulist?

[Reinermom]

Originally Posted by The Occultist

I guess I don't see the problem. You are not allowed on this person's property, so just stop going, right?

That was one main issue, we haven't been over to the property, and her husband is not considering (he says she threatens the people she 'loves' , and that she is really not calling the officials into the mix and over what, nobody knows for sure. It's a given we will not be over there ever again, but when we were never there to begin... I guess you would have to be in her state of mind to understand the reasoning, but I cant. but again, it's a given, never to go there again for sure...

[Reinermom]

Originally Posted by quincy

It would be up to a prosecutor to bring charges against the binge-drinker for filing false police reports. You cannot. And I doubt very strongly, if these calls come in only twice a year and are settled quickly, that the state will want to expend any time, energy or resources pursuing charges against her.

You could contact an attorney and have the attorney send this woman a cease and desist letter, advising her that her calls are becoming a nuisance and you may seek legal recourse against her if they continue. I imagine, however, that if the calls are the result of her twice-annual drinking binge, she will continue to make phone calls, regardless of any warning letters from an attorney.

Your best bet may be to continue with the phone block, expect nuisance calls twice a year, and, if you speak with her, encourage her to get help.

okay, let me make the picture clearer, the big binges are 2 to 3 times a year minimum, but the regular binges are ongoing, but the biggies have progressively gotten meaner, and more threatening.

I was interrupted while posting my initial question, and what was missing was the fact that I have over an hour worth of messages left on my answering machines of all these binges for the past 3 years with her threats and name calling towards my family, 'hiding her husband', knowing where the gun is to shut my family up, and how to use the gun on a white trash family for hiding her husband', etc, etc, etc. (apparently her husband doesn't come home when she's high ).. so that was why I was wondering, with all my documentation that she is not only a drunk but real menace that actually threatens people in my family not to mention her own husband, all date and timestamped courtesy of my answering machine, what kind of action we could pursue to get her attention. Her husband tells us she only vents on the people she loves. Well, were done. He has plans to pack up and leave her in 01/2010, and one of her regular times to binge is the holidays, so if we can do something I'd like to pursue it know, since we know what's coming... and her hubby wants to stay friends despite his wife.. I don't think so... thanks for the input... the # block is in place on my phone but she's figured out how to get by that as well... so do we start with a police report and let them hear the tape???

[quincy]

Reinermom, could you please delete the other thread you started? Thanks. It is easier to keep everything about your situation together in one place.

First, trying to get an alcoholic to stop drinking is a nearly impossible task without the alcoholic's desire to get help. If an earlier intervention did not help, if hospitalization did not help, then she has not hit the bottom she needs to hit in order for her to realize she has a problem that needs attention.

If this woman is making threats of physical harm, she needs to be reported to the police. Take the taped messages to the police. If she has access to a gun, the police should be informed of this fact. There is no way someone who has regular alcoholic binges and who has threatened others with physical harm should be in possession of a gun.

However, a report to the police, an harassment complaint, even a restraining order issued against her, will probably not stop the phone calls or her harassment of you until she stops drinking. When someone is as drunk as you say this woman gets, they will not often be stopped by police contact or court orders. They will continue drinking and causing trouble until they are hospitalized and treated, arrested and confined, or dead.