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Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 33900
Experience:  16 yrs. of experience including criminal law.
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My husband has been dating a 24 year old and he is 39.

Customer Question

My husband has been dating a 24 year old and he is 39. When I first found out I did some crazy things, but since a sherriff called and told me I needed to stop I have not bothered her. I have never seen her, I do not know where she lives. We live in Utah. Her somewhere in SLC and me in Provo. Last night her parents received a phone call stating she was messing around with a married man that was trying to work things out with his wife. My husband let me listen to it but I do not know the person. She is saying she is going to sue me for harrassment and stalking. She said her parents are starting the proceedings in California. Can she do this?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 8 years ago.
I think that she will have a difficult time with the state of california asserting jurisdiction. It appears to me that, even if this was improper, california will not have any say in the matter

P. Simmons and 5 other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
Reply to Philip Simmons's Post: If she did it here in Utah would that make a difference?
Customer: replied 8 years ago.
If she filed in Utah would that make a difference?
Expert:  P. Simmons replied 8 years ago.
Well, then there woudl be jurisdiction

In UT, stalking is defined as: Intentionally or knowingly causes a reasonable person fear and is a class A misdemeanor.

If she can prove that you "Intentionally or knowingly" caused her fear they MAY have a case...but this would require the district attorney to open a case.

I would refrain from further contact with her for sure

Best of luck

Customer: replied 8 years ago.
I have not contacted her since I was told not to, and I have never threatened her. The phone call her parents received just asked them to let this married man try to work it out with his wife and their 5 kids. Is that threatening?
Customer: replied 8 years ago.
Plus I did not make the phone call and did not recognize the voice.
Expert:  P. Simmons replied 8 years ago.
I dont believe it is. If you stopped when the sheriff called I believe you will be fine

The call to the parents, I dont believe, meets the definition of stalking so I believe you are fine, though I would refrain from further calls

Please let me know if you have futher questions and if not please hit the green button and accept...that is the only way I get compensated for this

Best of luck
Customer: replied 8 years ago.
You answered about stalking, but how about just a harrassment suit?
Expert:  P. Simmons replied 8 years ago.
For a suit there has to be damages.

That is, for them to sue you, they have to prove they were harmed in some manner...and not simply feelings hurt.

Seems to me that this is simply a family dispute with the adultress now upset she was called out. I dont beleive a damage suit would be valid here

Best of luck
Customer: replied 8 years ago.
Thamk you for your help!!!
Expert:  P. Simmons replied 8 years ago.
welcome and best of luck