Legal Question in Criminal Law in California

What charges can I file against someone who is stalking me?

I am curious as to what course of action I can take

against someone that is harrassing me. It started with

telephone calls to my workplace, in which this person

claimed to be my dead father. After several phone calls, he finally gave up on trying to convince me that my father had come back from the grave. Now the calls have become more ominous, with the person telling me that he killed my father and wouldn't hesitate to do the same to me. (This is impossible as well, as the woman esponsible for my father's murder is serving a life sentence in prison.) The police have finally apprehended the suspect, and it turned out to be a former co-worker who I had a feud with. There's really not much the police can do unless I file charges, and it makes me sick to my stomach to think he could possibly get away with this. Before I go to my attorney, I just wanted to see if there was anything I could possibly do.


Asked on 8/14/01, 10:24 pm

1 Answer from Attorneys
Victor Hobbs Victor E. Hobbs

Re: What charges can I file against someone who is stalking me?

You don't have to spend any money on hiring an attorney. There is in California a statute on terrorist acts and these calls clearly rise to that level. Simply follow through with your police report and ask the police to file charges. If they are reluctant to do that for whatever reason you can go directly to the D. A. and file charges.

Also take some precautions concerning your own safety. good locks, cell phone on at all times, mace, and possibly a permit to carry a concealed weapon. Since there is a 14 or 15 day waiting period to buy a gun you may want one at your residence which doesn't require a permit. Consider getting the gun now and work on the permit later. Take this jerk serious.

Ultimately a court ordered restraining order is just a piece of paper. Women get them everyday from the court without the assistance of counsel.

As one judge said to me twenty years ago, "Vic what do we do, prosecute him for murder, or murder and violation of the restraining order?"

Lots of luck

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Answered on 8/15/01, 2:42 pm


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