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harassment letter

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I believe this is the best forum for this....I am sorry if it is incorrect. In a nut shell, I have an autistic/adhd son that the neighborhood kids have been making miserable for years with yelling, threats etc. The other night, kid across the street started a verbal with my son and then realized he bit off more than he could chew and went into his NDN home which is also across the street and yelled for help. 8 teenagers came streaming out of the home, circled my son and his friend and threatened them. They then went inside and the mother in that home heard them talking so she came out to see what was up and spoke to my son and while talking to him, the teens came out again and two of them threatened to run over my son with their cars if they saw him outside again. One of those two has moved out and sold their home but the kid, who is 18, is hanging with his friends in the neighborhood and the other one that threatened him is the kid across the street whose mother has "checked out", he is 17. The police told me to send cease and desist letters and that they will call the parents directly and let them know that we have evidence ( cameras on home, although they didn't catch all of it but the other parents don't know that) and warn them of consequences of bothering my son again. I wrote a letter...I wanted opinions before I sent them....

Dear XXXXXXXXXXX
This letter serves as documentation of a pattern of harassing activities that began years ago and is notice to you that you must immediately cease and desist these activities against my family and my son xxxxxxx. This includes, but is not limited to:
Yelling profanities at xxxx both from your previous yard, the neighbor’s home and from your car, talking about us to others, making unnecessary statements to xxxx and threatening bodily injury to xxxx by threatening to run him over with your vehicle, just last week.
Your actions are unwelcome and unwarranted and you are infringing on my family’s rights to remain free from harassment.
We ask that you cease and desist immediately. If you fail to do so, any further harassing activities will be met with the appropriate legal action against you and will seek all available damages and remedies up to and including a restraining order barring you from coming within my family and xxxx space by a sufficient distance that it could preclude you from entering the xxxxx neighborhood.

thoughts??? This is being sent return receipt requested
 

FlyingRon

Senior Member
Yeah, if I got that I'd laugh it all the way to the circular file ( at the least). Don't make threats you can't follow through on.

If a FRIENDLY letter (not one full of baseless threats) doesn't work, then you need to consult an attorney about what LEGAL means you may take to protect your child.
 

quincy

Senior Member
What is the name of your state?

If you called the police every time your son was threatened or harassed, you have evidence in the form of police reports to potentially support a restraining order.

Although you can send a letter to your neighbors with your complaint and demand, a cease and desist letter is better drafted and sent by an attorney. That indicates to your neighbors that you have explored legal options and you are prepared to take legal action if the harassment does not stop.

Good luck.
 
the letter is a simple cease and desist which the police recommended because then, if anything else happens, we have legal recourse. I am unsure what kind of "friendly letter" I can send to the parents of these "adult kids" who cannot control their teenagers. Suggestions welcomed. Quincy, I did not call the police every time because I tried to stay on terms with the parents, after all, we all live in the same neighborhood and have to deal with each other. Only now, that the kids are 17 and 18 do we feel we do something.
 

quincy

Senior Member
You should consult with an attorney before sending a letter to make sure there is support enough for a restraining order or other legal action.

A cease and desist letter has no force of law so the neighbors can ignore your demands. Without a legal action to pursue if the neighbors do ignore the letter, you have accomplished nothing and could, in fact, cause an harassment escalation.

Good luck.
 
thanks. I guess I do not understand some parents. If my kid did that, I would drag his butt across the street and make him apologize and then I would punish the crap out of him.....instead, I was told that we will keep our kid away from yours...words I have been hearing for years...
 

quincy

Senior Member
It sometimes can be a struggle for parents to control their older children. Your neighbors actually may have disciplined their children and tried to keep them from harassing your son. It seems apparent that, if true, their efforts have failed.

Good luck.
 

HRZ

Senior Member
A threat by a teen of driving age to kill somebody by use of a car is way beyond a nasty comment and the intended victim and his parents might sort out a police report just on same .

I do NOT think home brew cease letters are prudent or effective and you say far too much that can be twisted .......if you think such a letter may have a useful impact , then I strongly suggest it be crafted by a paid legal professional and sent out on his or her professional letterhead .
 
I took everyone’s advice and sent my letters to a friend who is an attorney. He changed them but said it was enough that we send them...that it was sufficient for the police....here they are:

Dear xxxxxxx
This letter is notice to you that you must immediately cease and desist these activities against my family and my son Xxxxxxx. This includes, but is not limited to:
Making threats of bodily injury to Xxxxx by threatening to run him over with your vehicle last week.
Your actions are unwelcome, unwarranted, in contravention of S.C. Code Ann. Section 16-31700, and you are infringing on my family’s rights to remain free from harassment.
We ask that you cease and desist immediately. If you fail to do so, any further harassing activities will be met with the appropriate legal action against you and will seek all available damages and remedies.

Second letter to other boy:

Dear Xxxxxx
This letter serves as documentation of a pattern of harassing activities in contravention of, among other things, S.C. Code Ann. Section 16-3-1700, which began years ago and is notice to you that you must immediately cease and desist these activities against my family and my son Xxxxxxxx
This includes, but is not limited to:
Yelling profanities at Xxxx both from your previous yard, the neighbor’s home and from your car, talking about us to others, making unnecessary statements to Xxxx and threatening bodily injury to Xxxx by threatening to run him over with your vehicle, just last week.
Your actions are unwelcome and unwarranted and you are infringing on my family’s rights to remain free from harassment.
We ask that you cease and desist immediately. If you fail to do so, any further harassing activities will be met with the appropriate legal action against you and we will seek all available damages and remedies up to and including a restraining order barring you from coming within my family and xxxx personal space

Thoughts welcome
 

Zigner

Senior Member, Non-Attorney
I also hope the letters work, but please keep in mind that your letter, in and of itself, is not documentation of any sort of a "pattern of harassing activities". You should have (and still should) take this matter up the chain of command at the police department. They should have, at the very lease, given an incident number when you called them.
 
I agree zigner but we were there in person and I explained that I was attempting a paper trail and they still refused to take a report. My understanding is that this letter is the start of it and sufficient warning that if they continue they will be arrested
 

Zigner

Senior Member, Non-Attorney
I agree zigner but we were there in person and I explained that I was attempting a paper trail and they still refused to take a report. My understanding is that this letter is the start of it and sufficient warning that if they continue they will be arrested
...as mentioned above, you shouldn't make threats you can't follow through on. Saying they "...will be arrested" is an empty threat.
 

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