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Thoreau (T-USA)
Thoreau (T-USA), Lawyer
Category: Criminal Law
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Experience:  Attorney
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How can I stop my brother from calling places that I frequent

Resolved Question:

How can I stop my brother from calling places that I frequent (stores, restaurants, fast food shops, etc.) and making false/harassing statements about me?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Thoreau (T-USA) replied 2 years ago.
Thank you for the opportunity to answer your question. I am sending this answer to you only a few minutes after you submitted your question.
I'm very sorry to hear about the situation. Repeated harassing contact provide a basis for a restraining order as well as a criminal complaint if the contact is intended to harass, annoy, or threaten. Further, false statements of fact provide a basis for a defamation lawsuit if damages result. The first step with defamation would be to have your attorney send a demand letter insisting that the conduct stop and demanding appropriate compensation and retraction of the statements.
Customer: replied 2 years ago.

How can I prove that he is harassing me in this manner? He is a very good liar. Those who I've asked are either too upset with me to even talk with me or they deniy it?

Expert:  Thoreau (T-USA) replied 2 years ago.
That's tough. In reality, there may be very limited evidence and you may need those people to testify. Other evidence could come from voicemails, emails, text messages, other witness testimony (for instance, if he admitted it to a mutual friend), etc. If the police felt there was a crime being committed and got involved, those people may be more willing to talk to the police. Alternatively, they may be more willing to talk to your attorney or a private investigator.
My job here is to provide accurate information about the law. Providing bad news is the hardest part of doing my job but it's a big part of doing the job well. If you feel that the law is wrong on this issue, I'd strongly encourage you to contact your legislators, as they are the only ones who can change it.
Customer: replied 2 years ago.
Is there any way I can get a copy of his phone records?
Expert:  Thoreau (T-USA) replied 2 years ago.
Yes, sir, you absolutely can. That would require a subpoena, which you could obtain in the process of a lawsuit or seeking a protective order. Phone companies won't usually turn them over otherwise.
Customer: replied 2 years ago.

Finally, in regards XXXXX XXXXX police, how can I get them involved and convince them that a crime is being commited, which it is, without up-front proof.

Expert:  Thoreau (T-USA) replied 2 years ago.
The same problem exists there. The good news is that the police will often act on a victim's statements alone. Therefore, if you report harassment or stalking to the police, they can investigate the matter further. They probably won't arrest and charge him based on your statements alone (they can, but they probably won't), but they can investigate further based on your statements and talk to witnesses.
Thoreau (T-USA), Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience: Attorney
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