Legal Question in Sexual Harassment in Utah

I am unsure how to handle this specific case.

On the morning of 6/21/02 I had fallen asleep on my couch and at 1:30 in the morniing I heard violent knocking on my door and he was trying come in my door. I jumped up looked out the peep-hole, which he had covered with his thumb, and I un-locked the dead bolt on my door. This man, who has diagnosed psychological problems, was suprised that I had answered the door. I told him that he couldn't do this to my apartment anymore and that I was calling the police. He instantly snapped, he tried to push his way into my apartment, and I blocked him from coming in by jamming my foot into the door to hold it in place, he proceeded by sticking his head in my face saying to me ''You're a Bitch!'' and spitting all over in my face. I slammed the door and proceeded to call law enforcement. . I need to know what grounds I have to press charges against him. The police officer told me there was nothing I could do, but I know that because of some actions he has performed I have reason to file a formal complaint possibly even a restraining order, could you please let me know my rights regaurding this situation. I would like some legal advise before I meet with the police tomorrow. Thank you for your help reguarding this matter.


Asked on 6/24/02, 3:26 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: I am unsure how to handle this specific case.

Try to file criminal charges for assault against him. The act of spitting is assault. The attempt to get in your place is battery. If the police do not help, try to get a restraining order against him. You can apply for a restraining order through the city or county attorney in your area. This is not sexual harassment, which has to do with work places.

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Answered on 6/27/02, 12:42 pm


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