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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21928
Experience:  General practice of law with emphasis in family law.
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I had a restain order and address confidiantality againts my

Customer Question

I had a restain order and address confidiantality againts my childs father it is no longer valid and he is contact me. He is not threatning, just harassing and having his mother let him no whats going on. He has not been in touch with his kids in three years. what can I do legally to keep him from harassing me? I do fear for my life and have had two restraining orders on him in the past, but the court has aways made me wait to get a restraining order until I have been abused or threationed three times. He is starting in the same pattern again and I want to know if there is anyway I can try and stop him before it gets worse.
Submitted: 3 years ago.
Category: Family Law
Expert:  Samuel II replied 3 years ago.

Hi

 

Please describe to me, briefly, the Harassment. Also does he have visitation rights via a Court Order?

Customer: replied 3 years ago.
No he does not have any visitation rights. He mailed a letter to my mom, asking that his mother be able to see the childern and asking me for forgiveness, I have the letter in front of me if you need more. His mother was already finding my address because after the address confidently was up my address became public record. Then she came over and gave me another letter from him. The letter tell me we need to be together as a family and he loves me and wants me to forgive him.
Expert:  Samuel II replied 3 years ago.

Hi

 

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

 

Customer: replied 3 years ago.

Does he have any custody according to the courts, since he has not been in there life. If I send the letter to both him and his mother, can they file for visitation and thus hold me in this state. I have heard that if someone files court papers for visitation then the person with the childern can not move more than 100 miles from there current resiedance. I fear that if I send the letter to his mother she may help him fight for visitation. I am enaged and he plans on adopting the childern and I am afaird of cause ing problems in the future. If I just send it to him and put up with his mother, is the letter just as affective if he does anything more?

Expert:  Samuel II replied 3 years ago.

Hi

 

Yes. They can file. With or Without your letter, of course. He does have right to file for visits and your movement could be restricted, as you state

 

The letter would be just as effective, yes. If you are engaged and he wants to adopt your children, how long until that happens? Is the contact something you can "ride" out until the adoption is filed. Because even if your ex contests it, it seems to me, if he has never been in their lives a court would not give him much credence.

 

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

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