• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Phone Harrassment

  • Thread starter Thread starter STRDUST007
  • Start date Start date

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

STRDUST007

Guest
I need to know if there is anyway to press charges against a young lady who calls my house about 10 times a day. She yells and screams at me and treatens me. Is there anything that I can do? Possibly a restraining order? Thanks...

Sincerely,
Dustie
 


You need to trace the calls , look in the info section of you phone book it will explain how after several sucessful traced calls at that point you can file a restraining order. The traced calls will be registered with the police.
 
L

lildevil79007

Guest
The best thing to do is to go to Radio Shack and get a recorder and telephone attachment. Record a few of the threats and harassment, then go file for a temporary protective order. When you and the other person go before the judge, more than likely she will deny making the threats. It will be your word against hers. And without proof---you may not get the protective order and you will have to pay the court cost.

Don't let her find out that you recorded her, until she looks the judge in the eye and denies calling you. Then---bring out the tape. Trust me. I've done this TWICE.

Protect yourself. Spend about $35.00 and buy a recorder. You'll be glad you did.
 
L

lildevil719

Guest
I thought it was illegal to record a conversation without the other person's knowledge?(unless of course, you're the government:) )
I'm pretty sure that there are at least a few states where it's illegal. If anyone knows, could you tell me if it's legal in Colorado?
 
L

lildevil79007

Guest
A civil rights attorney told me that it is legal to record my phone conversations. He said that, if I recorded a conversation between two people and they didn't know they were being recorded, it's illegal.

By the way---I like your name. :)
 
L

lildevil719

Guest
so what you're telling me is that if I'm on the phone and the other person doesn't know I'm recording, it's legal. But if I record say, a conversation between my boyfriend and his mom(I wouldn't, it's just an example)what if he knows and has given consent for me to record but she does not know and hasn't given consent? is it legal then? since I do have one person's consent? believe it or not, I actually do have a reason for these questions.
My bf's mother and aunt hate me with a passion. Last week, his mom drove by three times, once with his aunt, at a time when they knew he would not be at home, cause he's in school on that night every week until 11. so I told him that they did that, and he asked why they drove by, and the next day his aunt called up and was cussing me out and threatening me. she did this for twenty minutes, and I really, really would like to have had that conversation on tape. So I'd like to know if it's legal to record future conversations. thanks!
And I like your name too...are you as impish as I am?;)
 
L

lildevil79007

Guest
If your bf gives you permission to record the conversation, then it's legal--according to what my lawyer told me. As long as one person knows the conversation is being recorded...

I live in Oklahoma so I don't know what the laws are in your state, but you should find out. And if the first lawyer says it's illegal, ask two or three more. The first two I talked to told me I couldn't do it, but the third one showed me the statute that said I could.

And another piece of equipment that's handy to have is a video camera. If you have one, film her driving by your home.

I just might be as impish as you. It's probably a good thing we live in seperate states and don't know each other.:D
 
L

lildevil719

Guest
hey, thanks for your reply...I will most definitely find out for sure about here. you're probably right, it is a good thing we don't live in the same place, or there's no telling how much trouble we could cause!:p
 
S

stefbomb

Guest
This happened to me at work. I just filed a police report, and kept track of the times of the calls. We got a tracer put on the phone, and with the times we kept, we caught them. Since the police report was filed, we were able to press charges.
 
B

blidiot

Guest
In California there is a law against "Terrorist Threats." It is a felony to threaten to kill someone. Do as others have recommended: get an answering machine and save the messages, also trace the call using *57 or whatever method your phone company uses (it should be in the front of the white pages).

DO NOT tape record conversations unless you are certain that your state allows it. In many states it is illegal to tape-record conversations EVEN if one party consents.

It is legal to tape recrd your conversation across state lines because Federal law says it is OK to record or monitor as long as you have the consent of one of the parties in the conversation.
 
J

JaneBoop

Guest
When I was separated from an abusive husband he used to call and leave threatening messages on my voice mail at home and at my place of employment..so I took a tape recording of the messages that were on my voice mail..This was not illegal according to the police dept in CA..and it could be used in court ,,even tho he did not know I was recording his messages to me. I had him redhanded and he could not wriggle out of it...I had a restraining order slapped on him for 3 yrs..he moved out of the state before the end of it and now we are divorced 5 yrs..thank goodness!!! :)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top