Legal Question in Personal Injury in New Mexico

I have received 4 recorded messages from my estranged brother this weekend. He is in California and I am in New Mexico. He has a criminal record including harassment, threatening an officer (in which he is currently under 3 years probation). I believe he has given my phone number to various agencies as his home number and I've been receiving many call looking for him. I called to inquire and he responded with quite disturbing responses including encouraging me to commit suicide, physically threatening to hurt my boyfriend and a slew of obscenities. He even tried to coerce my mother into providing my address under the false pretense of reconciliation. I believe him to be dangerous and I'm pretty sure that what he is doing is illegal. Please advise. Leslie


Asked on 1/29/13, 11:43 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

If you know where your brother is, you may want to report him to his local police or sheriff's department. You can also report him to his probation or parole officer if he is under such supervision. But I realize you may be reluctant to report your own brother to the authorities.

You also have the option of seeking a restraining order. That should be done here in California, since there is only so much a New Mexico court could do to him. But bear in mind that the main benefit of a restraining order is the threat of criminal punishment for violating it. So even though a restraining order is a civil matter, it could result in criminal punishment later.

Please feel free to contact me directly if you want to discuss your options, especially if your brother is in southern California.

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Answered on 1/29/13, 11:52 am
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

1. Change your phone number; 2. File a complete report with the local sheriff and the police department; 3. Go to the District Court and file for a Restraining Order; fully express your concerns to your mother and be sure she won't divulge any information about you. If you take these measures and he does nothing, he won't be hurt. If you do not, you could be hurt. Act responsibly for your own safety, and promptly for you own well being.

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Answered on 1/29/13, 1:33 pm


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