I see. Well, here is what I suggest. You write him a letter to be delivered certified mail with a return receipt requested to him and his Mother. In the letter, you state that you demand they cease and desist any and all further contact. They are not to call you, write you or come to your residence. State in the letter, that if they do not adhere to this demand you will have no other option but to file criminal stalking and harassment charges and get another restraining order.
This letter is imperative, if you are going to be able to proceed with any charges and an RO.
Once it is delivered, if they bother you again or you see them around your home, then you go directly to the DA with a copy of your letters and the PO Receipts showing they have been received and request criminal charges. You must write them the cease and desist letters before the DA will do anything other than maybe tell him to stay away.
Here is the law for stalking and harassment. But you must advise them first, that it is harassment. Otherwise, they could say they did not know you were annoyed or threatened by the behavior
R.R.S. Neb. § 28-311.02. Stalking and harassment; legislative intent; terms, defined. (1998)
- (1) It is the intent of the Legislature to enact laws dealing with stalking offenses which will protect victims from being willfully harassed, intentionally terrified, threatened, or intimidated by individuals who intentionally follow, detain, stalk, or harass them or impose any restraint on their personal liberty and which will not prohibit constitutionally protected activities.
- (2) For purposes of sections 28-311.02 to 28-311.05, 28-311.09, and 28-311.10:
- (a) Harass means to engage in a knowing and willful course of conduct directed at a specific person which seriously terrifies, threatens, or intimidates the person and which serves no legitimate purpose;
- (b) Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including a series of acts of following, detaining, restraining the personal liberty of, or stalking the person or telephoning, contacting, or otherwise communicating with the person;
- (c) Family or household member means a spouse or former spouse of the victim, children of the victim, a person presently residing with the victim or who has resided with the victim in the past, a person who had a child in common with the victim, other persons related to the victim by consanguinity or affinity, or any person presently involved in a dating relationship with the victim or who has been involved in a dating relationship with the victim. For purposes of this subdivision, dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement but does not include a casual relationship or an ordinary association between persons in a business or social context; and
- (d) Substantially conforming criminal violation means a guilty plea, a nolo contendere plea, or a conviction for a violation of any federal law or law of another state or any county, city, or village ordinance of this state or another state substantially similar to section 28-311.03. Substantially conforming is a question of law to be determined by the court.
R.R.S. Neb. § 28-311.03. Stalking. (1998)
Any person who willfully harasses another person or a family or household member of such person with the intent to injure, terrify, threaten, or intimidate commits the offense of stalking.
R.R.S. Neb. § 28-311.04. Stalking; violations; penalties. (1993)
- (1) Except as provided in subsection (2) of this section, any person convicted of violating section 28-311.03 is guilty of a Class I misdemeanor.
- (2) Any person convicted of violating section 28-311.03 is guilty of a Class IV felony if:
- (a) The person has a prior conviction under such section or a substantially conforming criminal violation within the last seven years;
- (b) The victim is under sixteen years of age;
- (c) The person possessed a deadly weapon at any time during the violation;
- (d) The person was also in violation of section 28-311.09, 42-924, or 42-925 at any time during the violation; or
- (e) The person has been convicted of any felony in this state or has been convicted of a crime in another jurisdiction which, if committed in this state, would constitute a felony and the victim or a family or household member of the victim was also the victim of such previous felony.
If you have further questions, you can post them here and I will continue to assist. Otherwise, please remember to accept as that is how I get credit for my time and information in this matter. Thank you