Harrassment or Stalking?

[womanpower]

Hi, I am writing from Louisiana, looking for help. I am Executrix of Mom's succession (which is a small succession). I have a brother who has been causing me quite a bit of unhappiness relating to matters of the succession and the attorneys on "Will and Probate" advised that I should try you for advice. My brother is on probation and has a lengthy criminal history. Over the past year and a half he has made extremely vulgar and threatening phone calls to my home. He has phone my place of business advising my co-workers that I am being investigated for "this" and "that", which, of course, is not true. He has mailed vulgar and threatening letters to my home and place of business. He then began E-Mailing me over the internet with same type of correspondence. My attorney had me go down and file for a TRO46, which was dismissed a week later, as it is not a legal venue against siblings. The attorney was to file an injunction (per the Judge and brother's probation officer's advice). My lawyer stated in writing to me and to the probation officer that he was filing the injunction and was paid $2,000. He never did so, he just kept trying to "talk to my brother". I was then forced to file criminal charges with the DA, and the DA accepted these charges. Brother will go to trial in May. Now he has hired an attorney (his fourth one) and is suing and trying to have me removed as Executrix, claiming all sorts of things. This results in my constantly having to copy paperwork and bring to each attorney he has hired to get the subpoenas dismissed, which to date they have been (as I have not been dishonest). He is now using the legal system to harrass and theaten and keep me upset. What can I do? The DA says it is Distrubing the Peace and Improper Phone Use, but I feel it is Stalking and Harrassment.
What is your opinion and how can I get this stopped?

 

[TYRIS]

stalking and harrassment are to separate tyrp of charges. in california, stalking is a felony. if he is threatening you with death or great bodily harm, then that is considered "terrorist threats witch is also a felony. however, if he is only annoying or harrassing you, then it is a misdemeanor. regardless of which one he is doing, continue to file charges against him each time it occurs. i'm surprised that the tro was dismissed. if you have a victim/witness agency, i would contact them in help getting a restraining order. the most important thing is to continue filing charges every time they occur. this will show a pattern and will help your case. good luck.

TYRIS

 

[womanpower]

Thanks Tyris!

Thank you for your reply. I will continue to file, but he has stopped everything execpt for the continual hiring of attorneys, which is costing him money, I'm sure. At this point, I am mostly ignoring him, and providing each and every attorney that he hires with documentation that I have not been dishonest as Executrix. I must say, however, that this is my first (and I hope, my only) time to have to use our legal system and I find it very, very frustrating. This man has a 20 year history of second degree battery, impersonating a police officer, burglary, attempted oral sexual battery, and 4th offense DWI. He is on 3 year SUPERVISED probation for the 4th offense DWI. He has been allowed by the Judge and his Probation Officer to continue this behavior, and when he is found guilty in May, the most that he will receive is a year of UNSUPERVISED probation. I may not be the brightest, but what is this supposed to teach my brother, and how is it supposed to protect myself and my daughter?

 

[TYRIS]

unfortunately for you, annoy/harrassing charge is a minor offense. what it will do is get the district attorney tired of seeing your brothers name coming acrossed his desk and he will do something about it. also, if he threatens to kill, maim or do any bodily harm and you have the belief that he could carry out that threat, then it should upgrade the charge to a felony (in california it would). if his probation officer is refusing to help you, contact his supervisor. you should also keep filing for a restraining order. if neccessary, i would hire an attorney who could help with this. i know our legal system isn't the best, but its all we have. i hope this helps you.

TYRIS

 

[Humble Warrior]

As soon as he is convicted of anything in court,no matter what the finalk result of punishment imposed by the court,his P.O. should automatically violate his probation right there in the court room. He goes to jail,awaits his revocation hearing,and then goes back to jail pending the arrival of 1/2 of the remaining time on probation,in order to be eligble for release. At least thats the story here in Nazi-lvania.