Legal Question in Criminal Law in Iowa
Harrassment victim's legal options.
What can be done for my eighteen year old sister who has been the victim of several persistent threatening phone calls from an ex-boyfriend? Harrassment includes threats against her person, her property, and her family. Is there a criminal charge which can be brought about against the individual? Civil? Is the personal fear and emotional duress worthy of anything in either criminal or civil legal matters? Thanks.
2 Answers from Attorneys
Re: Harrassment victim's legal options.
Telephone harrassment and threatening by telephone may be both federal and state crimes. CAll your local police and the closest US Attorney's office to file complaints.
When you file the complaints, ask whetehr in your state you are allowed to record the phone calls in 9order to prove the crime.
If this person is convicted of a crime and then you sue, you will have an easier time, because then all you have to prove is the amount of damages - the fact of guilt will already be established. Of course, by then he may be in jail, and you could have trouble collecting.
You might also apply to a court for an order of protection. Then if he keeps calling, you can apply to the court for an order holding him in contempt. That is a milder step than a criminal case.
Don't forget, though, that some men become so enraged by such actions that they escalate their harrassment. I wish there were some perfect way to protect your sister.
Good luck!
Susan Freiman
The Legal Clinic
P.O. Box 9407, Herzlia Street 29
Re: Harrassment victim's legal options.
Every state should have a law that allows a person who is being harassed by a former
boyfriend or girlfriend to get a restraining order to prevent abuse. If the person
violates the restraining order it will be a criminal offense.
Alan Pransky
Law Office of Alan J. Pransky
20 Eastbrook Road
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