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Ask Colleen Grady Your Own Question
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 487
Experience:  Attorney and Counselor at Law
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My wife is being harassed by a phone stalker. This is an old

Customer Question

My wife is being harassed by a phone stalker. This is an old boyfriend who has become more and more malicious over the phone. When my wife changes her number he finds a way to get the new number and leaves her voice messages along the lines of "Pick up the f**king phone." He does currently live in a different state. What can I do to this guy as far as legal action? Can I put a restraining order on him? Can I sue him? I don't care how much money it costs me. This is a matter of making my wife feel safe and showing this guy he can't intrude in and disrespect my marriage. Thank you in advance.
Submitted: 8 months ago.
Category: Criminal Law
Expert:  Colleen Grady replied 8 months ago.

Hello. I will help you with your questions. I am sorry that you and your wife are going through this. I have been an attorney for 26 years and a prosecutor for 9 years. There is something you can do.

Please tell me the following:

1) What county in Florida do you live in?

2) Have you asked the phone company for records of these calls?

3) Have you saved the voice messages?

4) Has he identified himself on these calls?

5) Has he threatened your wife?

Customer: replied 8 months ago.
1) Broward
2) I do have access to a full call log of times and dates that these calls happened.
3) I do have access to the voice messages and texts.
4) My wife doesn't think he explicitly identified himself, but he responded to my wife saying his name.
5) Yes, he's threatened to come down from where he lives in Georgia and find her.
Expert:  Colleen Grady replied 8 months ago.

You can file a complaint with federal authorities under the following US law:

47 USCS § 223. Obscene or harassing telephone calls in the District of Columbia or in interstate or foreign communications. (2006)
(a) Prohibited acts generally. Whoever-

(1) in interstate or foreign communications-

(A) by means of a telecommunications device knowingly-

(C) makes a telephone call or utilizes a telecommunications device, whether or not conversation or communication ensues, without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person at the called number or who receives the communications;

(D) makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number; or

(E) makes repeated telephone calls or repeatedly initiates communication with a telecommunications device, during which conversation or communication ensues, solely to harass any person at the called number or who receives the communication; or

(2) knowingly permits any telecommunications facility under his control to be used for any activity prohibited by paragraph (1) with the intent that it be used for such activity, shall be fined under title 18, United States Code, or imprisoned not more than two years, or both.

You can also seek a Federal Protection Order. If he violates the order, he faces prison.

8 USCS § 2262. Interstate violation of protection order. (2006)
(a) Offenses.

(1) Travel or conduct of offender. A person who travels in interstate or foreign commerce, or enters or leaves Indian country or within the special maritime and territorial jurisdiction of the United States, with the intent to engage in conduct that violates the portion of a protection order that prohibits or provides protection against violence, threats, or harassment against, contact or communication with, or physical proximity to, another person, or that would violate such a portion of a protection order in the jurisdiction in which the order was issued, and subsequently engages in such conduct, shall be punished as provided in subsection (b).

(2) Causing travel of victim. A person who causes another person to travel in interstate or foreign commerce or to enter or leave Indian country by force, coercion, duress, or fraud, and in the course of, as a result of, or to facilitate such conduct or travel engages in conduct that violates the portion of a protection order that prohibits or provides protection against violence, threats, or harassment against, contact or communication with, or physical proximity to, another person, or that would violate such a portion of a protection order in the jurisdiction in which the order was issued, shall be punished as provided in subsection (b).

(b) Penalties. A person who violates this section shall be fined under this title, imprisoned-

(1) for life or any term of years, if death of the victim results;

(2) for not more than 20 years if permanent disfigurement or life threatening bodily injury to the victim results;

(3) for not more than 10 years, if serious bodily injury to the victim results or if the offender uses a dangerous weapon during the offense;

(4) as provided for the applicable conduct under chapter 109A [18 USCS §§ 2241 et seq.] if the offense would constitute an offense under chapter 109A (without regard to whether the offense was committed in the special maritime and territorial jurisdiction of the United States or in a Federal prison); and

(5) for not more than 5 years, in any other case, or both fined and imprisoned.

Since this is an interstate crime, contact the FBI in your area to file a complaint. Tell them all the evidence you have gathered against him and try to make an appointed immediately with an agent. Here is the information:

2030 SW 145th Avenue
Miramar, FL 33027
Phone:(###) ###-####/strong>

You can also contact the Victim Connect Helpline. It provides information and referrals for victims of all crime and can be reached at 855-4-VICTIM(###) ###-####.

Please let me know if you have more questions. I will be happy to help more. Reach out after you have contacted the FBI if you are concerned with their handling of your complaint.

If you are satisfied with my help, I ask that you rate my service.