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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3808
Experience:  Experienced in both state and federal court.
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My husband has received 16 letters in the mail from an individual.

Resolved Question:

My husband has received 16 letters in the mail from an individual. No " outward" threats like " I am going to kill you, but veiled threats like "cowards will be taken first. Also, he is now involving me. The most recent letter says " Brenda sure was good. Is this considered a threat, stalking or nothing that we can do about it?
Submitted: 2 years ago.
Category: Legal
Expert:  Chris T., JD replied 2 years ago.

TexLawyer :

Potentially, yes, this is a crime.

TexLawyer :

Under Texas law, it is considered criminal harassment for a person to contact a person repeatedly contacts you with intent to "harass, annoy, alarm, abuse, torment, or embarrass."

Customer:

Well who do I talk to about this? The sheriff's department didn't seem too interested

TexLawyer :

Do you know the person sending the letters? Do you know why they are sending them?

TexLawyer :

Here is the reason I ask: while the police could take action, they most likely won't until there is some legitimate or clear threat. Without that, you will not be able to get a restraining order, and the police are not likely to get involved. While it may not be fair, you will have to deal with it until he makes a clearer threat.

Customer:

My husband and I have never met this man. In fact, if he was in the room with both of us, we wouldn't know him. He called our house sometime in Feb accusing my husband of doing things to him. Keep in mind, we do not know him. He even told us about things we have at our house, like how many dogs, how many houses are on our property, things we have in our house, etc. He even told my husband his name. He used to live in the area and he does have a mental problem.

TexLawyer :

You should call the police back and tell them about the mental issue. Under Texas law, law enforcement can take a person into custody on what's commonly refered to as a "white warrant."

Customer:

We have not written back and do not intend to. His brother still lives in the area, and we have spoken to him. He tells us the man is confrontational.

TexLawyer :

Basically, if a person is a danger to themselves or others due to a mental defect, the police can take them into involuntary custody for psychiatric evaluation.

Customer:

If I am not mistaken, I did tell the sheriff's department that he had a mental issue. I'll call or go by there again. I thank you for your information on the subject. My concern is that he is going to get so upset that he has not gotten a response from my husband, that he goes off the deep end in Arkansas, and hurts someone there.

TexLawyer :

Since he lives in Arkansas, you need to make the authorities there aware of his mental issues. They have a similar process to take a mentally ill person into involuntary custody.

Customer:

I have thought about talking with the authorities there, but have not done it yet. Perhaps that is the avenue that I need to take. Maybe they can or would be willing to do something.

TexLawyer :

They may be more willing to do so since he could pose a threat to their citizens.

Customer:

That's true. Thank you again for the advice. I

TexLawyer :

Glad to help. If I've answered your questions, please remember to "rate" my answer. Good luck.

Customer:

Thank you. Have a good night.

Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3808
Experience: Experienced in both state and federal court.
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