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I am not sure what kind of law this would go under but, I will

 
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  • Answered by:Hammer O'Justice
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I am not sure what kind of law this would go under but, I will ask my question.
I have gotten a bunch of emails from a family member and a strange card from them. The emails do not contain threats but, I consider it harassment because I have told them to leave me alone and they do not listen. They do not email me all the time but, they are very angry at me and most people say that this person is unstable and has some kind of personality disorder. I just want them to leave me and my family alone and stop any type of contact. The police said I cannot really do anything since there was no real threat and I spoke to a lawyer I knew and he mentioned a "cease and desist" letter which I sent and she did not open it.
Also, she harasses my in-laws as well and this has all caused a lot of problems. I don't know what else to do to get this family member to stop contacting me. Also, I blocked her email address and when she found out she just kept changing her email address to contact me.
How can I get this to stop??

 

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State/Country relating to question: Connecticut

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Submitted: 288 days and 9 hours ago.
Category: Criminal Law
Value: $25
Status: CLOSED

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Expert:  Hammer O'Justice replied 288 days and 9 hours ago.

Hello.

The officer is not correct. Criminal harassment in Connecticut not only covers threats, but anything that would cause "annoyance." The law is here:

Sec. 53a-183. Harassment in the second degree: Class C Misdemeanor. (a) A person is guilty of harassment in the second degree when: (1) By telephone, he addresses another in or uses indecent or obscene language; or (2) with intent to harass, annoy or alarm another person, he communicates with a person by telegraph or mail, by electronically transmitting a facsimile through connection with a telephone network, by computer network, as defined in section 53a-250, or by any other form of written communication, in a manner likely to cause annoyance or alarm; or (3) with intent to harass, annoy or alarm another person, he makes a telephone call, whether or not a conversation ensues, in a manner likely to cause annoyance or alarm.


It is clear that when you have told the person to stop and they continue to do it that the purpose is to annoy. I'd suggest attempting to talk to a different police officer. If that doesn't work, you may want to consider calling the prosecutor's office directly to see if they will assist you in charging the case.

You can also try to obtain a restraining order. It is primarily for people who are victims of abuse, but it can also be for other family members and for harassment. The form is located here if you want to try to pursue that option:
http://www.jud.ct.gov/webforms/forms/fm137.pdf

Expert TypeCriminal Lawyer
Category: Criminal Law
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Answered: 6/30/2012

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Customer replied 288 days and 8 hours ago.

Like I said, they are not threatening me but, I just want to be left alone. The one PO said that I may be able to get an order of protection. They may not think that it is bad enough to warrant this but, like you stated or showed in the law, "it is to annoy." How do I get in touch with the prosecutors office?

In the link you sent me, I saw this (below) and I haven't really had any "threat of present physical pain or physical injury." I am no sure if this particular thing would work for me.

"I have been subjected to a continuous threat of present physical pain or physical injury by the Respondent named above as"

 

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Expert:  Hammer O'Justice replied 288 days and 8 hours ago.

Protective orders are usually for violent situations only as well. If you contact the clerk's office (the clerk of court in your county--just call the local court and ask to speak to the clerk's office), you may see if they have an application for a restraining or protective order in a non-violent situation. You should be able to obtain a restraining order without violence being present but you may have to use a different form because of the way that is worded.

As far as prosecutors go, these are the numbers for the offices:
http://www.ct.gov/csao/cwp/view.asp?a=1795&q=285528
They are based on district so the one where you live would likely be most helpful.

Expert TypeCriminal Lawyer
Category: Criminal Law
Pos. Feedback: 97.7 %
Accepts: 2379
Answered: 6/30/2012

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Customer replied 288 days and 8 hours ago.

Ok, I will do this. So, I should call the clerk first, then the prosecutor? Sorry I am not familiar with all the law terms, so, I just want to see who I should contact first or should I contact both?


Thank you for your time.

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Expert:  Hammer O'Justice replied 288 days and 8 hours ago.

Well, they are for two different things. The clerk is to find out if they have applications for restraining or protective orders that do not involve violence but merely harassment. The prosecutor's office is to discuss the possibility of them filing charges for harassment if you are not able to get the police to file charges. So the clerk is for an order to keep her from contacting you whereas the prosecutor's office handles criminal charges. They do not often charge a case if the police won't charge it (which is why it may be a good idea to try there again) but they may so it is worth checking.

Customer replied 288 days and 7 hours ago.

Thank you!

 
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