Legal Question in Criminal Law in Michigan

What does it take to sure somebody for harassment and how do you get the proof? My boyfriend's ex-girlfriend and her boyfriend are constantly texting and calling him and have even drove by his house when they live 30 minutes away.


Asked on 1/01/10, 8:43 am

2 Answers from Attorneys

Daniel Hajji Daniel Hajji & Associates

request a personal protection order (ppo) if he is being threatened or harassed.

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Answered on 1/06/10, 8:47 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

First off, "suing someone ..." suggests a civil lawsuit where you want money damages. If that's your question then you posted it in the wrong area of law on LawGuru. That's not a "criminal law" question, it's a civil law question. Repost it in a more applicable area of law, because you'll get an answer from an attorney who claims to be an expert in that area of law.

Second, if you meant "criminal prosecution" when you said "suing someone", then the matter has to be investigated by police before a prosecutor decides whether to issue a criminal charge. You don't directly issue criminal charges in Michigan. (Other states allow for 'direct filing' by citizens before a prosecutor steps in.) Report this to your local police, county sheriff, or the state police. There may be appropriate criminal charges, like Malicious Use of the Telephone (aka, telephone harassment), Stalking, etc.

Third, as the other attorney notes, if you just want a judge's order telling the person to "STOP!", then a circuit court Personal Protection Order is possible, or even a "peace bond" issued by the district court. Go to the PPo pages at www.prosecutingattorney.info for info on PPOs.

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Answered on 1/06/10, 9:01 am


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