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what is considerred stalking?

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fitnessmuse

Junior Member
What is the name of your state?California
there is an individual who continues to call, and show up at both my residence and place of employment. he has been asked numerous times to stop and yet he continues. what legal recourse do i have? he actually tried to get in our residence.
thank you
w
 


Just Blue

Senior Member
fitnessmuse said:
What is the name of your state?California
there is an individual who continues to call, and show up at both my residence and place of employment. he has been asked numerous times to stop and yet he continues. what legal recourse do i have? he actually tried to get in our residence.
thank you
w

Who is this person...is it an x? Have you called the police?
 

tardo

Junior Member
stalking

A judge grants a restraining order for harrassment on a fairly open minded and common sense level. For instance, if you file for a restraining order, the judge will consider the amounts of incidents, occasions and context, and grant decided on your own comfort.

In your case - it seems clear the events are against your will and inappropriate, and a restraining order would likely be granted.

The question is, after it is granted - one single incident is grounds for legal recourse - so you want to make sure this person deserves it - and isnt just being cute . .
 

fitnessmuse

Junior Member
what is considereed stalking

i'm in california.
we have called the police.
this person is someone we sublet from last year. we were foolish enough to believe that all had been taken care of when in fact he had said nothing to the landlord(that is another story) the place is in our name now. before he left we had agreed to buy certain pieces of furniture. every month we paid and we are in fact almost done. however now he wants more than the agreed amount, wants to charge interest. keeps showing up, calling etc. we have kept our end of the bargain. the original verbal agreement was to pay the amount over time-and we sent money every month. while we were subleasing we never heard anything about the amounts we were sending...as soon as the place was in our name now we are the deadbeats. he actually tried to get us to pay a cable bill that was his-until i proved otherwise. i just want to pay the last little amount and never hear from this creep again. i am actually starting to think he is dangerous. i did call the police and they said they can do nothing unless he shows up again. i apologisee for the disjointedness of this account but i have had it with this person
thanks
w
 

CdwJava

Senior Member
I doubt this will constitute "stalking" under CA law. Not only must the actions of the person be willful and malicious, they must be accompanied by some manner of threat or behavior that gives you good cause to fear for your safety or the safety of your family. And that cause must be something more than your "thinking" he might be dangerous.

A restraining order is possible, though it might cost you upwards of $250 for a civil restraining order (maybe less ... it depends on your county). However, since it seems there is some sort of business arrangement between the two of you (for the furniture, etc.), a judge is likely going to balk at issuing a R/O unless the contacts are something more than attempts to get you to pay what he thinks you owe him or to re-think the deal.

Much will depend on what actions he has taken and what he has said. Simply being a pain in the tail end is not enough for a R/O.

If you think you have a case, go to the county court house and ask how you can file to obtain a restraining order. The process is relatively easy, and depending on the county you live in, you may even get before a judge the same day ... but don't count on it.

If he makes threats or refuses to leave when you tell him to leave, call the police and report him for the threats or for trespassing. If he makes similarly annoying and threatening phone calls, notify the police and file a report for annoying and harassing phone calls. None of these will likely result in his immediate arrest, but they might serve to start a paper trail on the problem ... IF what he is doing actually rises to criminal acts.

- Carl
 

tardo

Junior Member
stalking

well - thats a little different.

I'm not sure here - maybe others can chime in - but I think this individual may be financially distressed, and appearing at different places at different times to make amends and to remedy these issues, or just paranoid - not necessarily stalking YOU, which is the way i read the first post.
 

fitnessmuse

Junior Member
what is considerred stalking

in california still...
i didn't mean to misrepresent it. it certainly feels like stalking. we have asked him to stop and he keeps on. he has tried to break into our townhouse. he has been here 2x that i know of. we are doing exactly what we said we would do- we are paying for what we said we would pay for. now he has attached interest to it and says that if we don't pay by the end of this month he will have to charge more interest. this is entirely a work of fiction on his part. i just want him to go away. do i have to put up with the constant haraassment? i think he has financial issues-but that is not our problem. i want to pay the last little amount that is left and be done with it. i think i have crossed forums here and i apologise but i am so tired of this. i just want to know how can i make this person stop after we are done paying him. thanks.w
 

tardo

Junior Member
psycho guy

well listen - the guy is obviously 'loose' mentally.

If he believes you are indebted to him somehow - theres legal means to express that, which he is not pursuing.

My advice is this, file a restraining order against the guy if you feel threatened. If you feel that your life is being encroached upon or endangered - you have the right to do that.

If you're looking for more persuasive arguments to use with the guy - you wont find them here - it will just bury yourself deeper.

The bottom line - if one human has a grief with another human - thats why the courts exist - precisely so you do not take "matter into your own hands" - which he seems to be doing . .

If you're threatened, involve the authorities - if not - apppease him.

PEACE

Love over music, but music over everything else.
 

fitnessmuse

Junior Member
stalking...

thanks....i have just one more quick question. i posted it on another forum but no answers yet. he thinks he can charge interest-thats where the higher amount comes from. i think he is unbalanced and i do feel encroached upon so i will probly do the restraining order. thank you so much.
 

CdwJava

Senior Member
Just keep other options open if a restraining order is not granted. Some courts are easier than others when it comes to issuing these orders. And some really want to see an overt threat or act of violence before they will issue one.

Good luck.

- Carl
 

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