Criminal Law Questions? Ask a Criminal Lawyer.
Hello,If your neighbor is sending out messages that are designed to get back to you and your family and is doing it for no legitimate purpose except just to upset you, this would arguably be harassment, which is an A misdemeanor in New Hampshire. Here is the statute which defines it. You would want to look at I(c). The police officer was correct. Since this is a misdemeanor, you would only have a year from the incident to have charges filed. As you have already made out a report with the police, you could tell them that you want to press charges and that as he's a neighbor, you want a protective order so that he can have nothing further to do with your son and your family. You could also go directly to the prosecutor's office and ask to swear out a formal complaint against your neighbor and to get a protective order. He would be arrested (or receive a citation) and would
He would have to be served with the order, which the police could do. He would then either be arrested or given a citation. Either way, he would become a defendant on a criminal case.
The prosecutor would be working on your behalf, so you and your family would not have to come to court unless the neighbor wanted to try the case. Then you'd be called in to testify. Apart from that you'd have to stay in touch with the prosecutor and cooperate with them in the prosecution.
If your neighbor violated a protective order he would be arrested and charged with violating the order -- a separate charge from whatever he may have done to violate it.
The only real downside I see is that this man is a neighbor, and he is likely not to be moving out any time soon. He's not going to be pleased by this, even if he abides by it, so it could make things unpleasant for you if the neighborhood takes sides. If I've helped, please click the green Accept button so I can get credit for my work.Live Chat will close but you can continue to post follow-ups on this thread if you need clarification
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).