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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23187
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I did not expect to talk to someone on this problem, but if

Customer Question

I did not expect to talk to someone on this problem, but if you can advise me I would be grateful. We live in an apartment complex and until today I thought we had a nice quiet building. One man who has been friendly until now has suddenly taken to screaming at my wife "crazy ass bitch -etc". He then got in my face and threatened violence. I believe he has some mental problems and do not know how to handle this. He is half my age I have COPD and am over 60 years old so I pose a threat to no one. What should I do.
JA: In what state did this occur? Have you talked to a laywer yet?
Customer: San Antonio, Texas and no I have not contacted anyone I wanted to find out what my options were.
JA: Anything else you want the lawyer to know before I connect you?
Customer: My wife is disabled as am I. I work from home and until now live the quietest of lives. This is all new to me.
Submitted: 1 month ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 month ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Customer: replied 1 month ago.
I would appreciate any help I believe my wife and i both qualify as vulnerable adults. This situation is causing great duress to my wife and I hate to see her so stressed. We can not feel safe when we walk out our door.
Expert:  Zoey_ JD replied 1 month ago.

I understand. If this person is making you and your wife fearful for your safety, you would be able to get either a civil or a criminal restraining order against him. In that way, once he was served with the order, he would have to leave you alone or face an arrest.

How you go about doing this depends on whether you want him charged criminally or not. If you want him to become the defendant in a criminal case you can report him to the police for his harassment and threats, tell them that you want him to leave you alone, that you want him prosecuted and need a protective order for you and your wife. You may even be able to get the police to warn him first if you'd rather do it that way, as that works with reasonable people.

More to come. . . still typing.

Customer: replied 1 month ago.
The man we have a problem with has been amiable until today. I gave him a large box of children's books from my book store because he home schools two daughters. My wife has always been scared of him. As a retired RN I can recognize a closed head injury. His tangential thinking, and sudden bursts of anger are typical symptoms. I prefer to have a record of this in writing, but will do a phone call if needed.
Expert:  Zoey_ JD replied 1 month ago.

Thank you. I trust you read the first part of my answer. I'm still workiing on the second part.

Expert:  Zoey_ JD replied 1 month ago.

If you don't want him arrested, you can still go on record with the police about the threats, so that there will be evidence of that in case you ever need it. From there, you would be eligible in Texas for a restraining order because his behavior would be considered a form of stalking.

The emergency order will take effect once he is served. You can find out more about the process and the proceedings on this overview here.

A third possibility would be to report him to the police as a danger to himself and/or others which could get him involuntarily committed and evaluated. If found to be a danger, he'd be kept and treated for his condition. If not, he'd be released and you would have accomplished nothing.

Expert:  Zoey_ JD replied 1 month ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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