How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Chris T., JD Your Own Question

Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3617
Experience:  Experienced in both state and federal court.
Type Your Legal Question Here...
Chris T., JD is online now
A new question is answered every 9 seconds

My friend broke off a relationship with a boyfriend almost

Customer Question

My friend broke off a relationship with a boyfriend almost 3 years ago and has had virtually no contact with him since. He (the boyfriend) however, has attempted to contact her multiple times through multiple sources (i.e. email, Facebook, text message, her Saturday "Meet Up" group, etc.). She has told him and asked him more than once that she no longer has any desire to communicate with him in any way nor maintain any kind of relationship. What does she need to do to get him tagged with something like a "harrassment/cease and desist all communications order"? Does something like that exist? What can she do because this guy just won't let her go, but it technically hasn't met the level of "stalking" yet.
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

TexLawyer :

Good morning. I'll be assisting you with your question.

TexLawyer :

Do you know the nature of the communication directed at her? What has she told him regarding contacting her?

Customer:

The communication from him to her has been in the form of emails or text messages to her email account.

Customer:

Here is her most recent response to him:


I'm not responding to them because response to your emails usually escalates quickly into something that is negative. When I mentioned being able to potentially meet a year and a half ago, it spiraled out of control and you didn't seem to handle it well. I said then that I was mistaken and it would be better for us to not be in contact at all and speak again. This is no longer any sort of relationship or friendship, so there is nothing I "owe" you in terms of speaking, meeting, communicating, answering questions, etc. Any relationship or acquaintanceship we had was over three years ago and I don't want nor think it is healthy to have any resurgence of this.



Again, all I am asking that we continue on with our very separate lives and cease contact, as is there is no longer any reason to do anything different. My response to this should not be interpreted as opening a discussion or path for anything more than a response to your now multiple emails in the past few weeks.



I have asked for you to leave me alone and not contact me, and despite multiple requests for my privacy you have continued to contact me. When you begin a string of emails like this, I feel harassed. I am again starting to feel harassed by this, and ask that you stop.

TexLawyer :

OK. Thanks.

TexLawyer :

In Virginia, there are several ways for a person to be charged with criminal harassment. The most relevant to your friend is communication that is intended to "annoy, harass or alarm" the target. This applies to both telephonic and eletronic communication.

TexLawyer :

The issue here, as it is in most harassment cases, is whether his communication to her was done with the intent to harass, annoy, or alarm.

TexLawyer :

Clearly, this is a very subjective determination. There is no "bright line" test as to what is criminal harassment and what is not.

TexLawyer :

A judge or jury would look at the frequency of the communication, the purpose, and what steps the targeted person has taken to prevent the person from communicating with them.

TexLawyer :

For example, before this becomes a criminal case, she should take a few steps first, like blocking him on Facebbook, blocking his phone number and marking his email as spam.

Customer:

Hm, granted I understand about the intent, would it matter that because she has told him she feels harassed and the emails continue then you could say that he is knowingly harassing her? Believe me, she has blocked his number and Facebook and flags all of his emails. Even if you mark it as spam you still receive it, thus harassment continues. She is flagging them for records purposes in case it does turn criminal.

TexLawyer :

While how it makes her feel is important, a judge or jury would look at what he intended, not how it was taken.

TexLawyer :

If she's taken those steps, but he's making efforts to circumvent them, then that gets her considerably closer to making a criminal harassment case.

TexLawyer :

Her next step should be to contact the police and let them go speak to him. For most people, when the police pay them a visit, they understand that things are serious and they back off. If he continues after that, I think a criminal case is likely.

TexLawyer :

Also, if he makes any sort of threats or expresses any violent intent, that should be reported immedeatly.

Customer:

Hm, so she could ask the police to speak to him on her behalf? Based on what we have done so far? That might be very effective. How could we get a "record" of their visit to him. Yes, full up on the threat of viloent intent. We also suspect that he has "stalked" her Meet Up group (an online venture that brings people together for events out in town). Even if it isn't violent intent or threat, the fact that he has gone out of his way to find and insinuate himself into a position to meet her in person without her permission after her express desire not to, how can we classify that?

TexLawyer :

She would not really be asking the police to speak to him on her behalf as much as she would be reporting a crime (there is enough to report it at this point), and then letting the police investigation run its course. During the normal progression of an investigation, the police will almost always interview the suspect.

TexLawyer :

As far as getting a recording, the police are not obligated to record it, and, even if they do, they are not obligated to give her a copy. However, they may at their discretion.

Customer:

Interesting, I figured we couldn't get a voice recording or anything, just some hard copy thing that says something to the effect of "X officer interviewed Y dirtbag on Z date..." But not the biggest deal because if anything more criminal came of it I know that the police station records would get pulled during the process.

TexLawyer :

I know it can be frustrating, but the process is what it is.

Customer:

True. I think that you have answered all of my questions. Hopefully her most recent email will be the end of it and we won't run into him at her Meet Up group. I'll let her know what we talked about here and advise her as best as I can. Thank you so much, this has been so tearfully frustrating for her and I know that straight up talk is going to help her see the right path for dealing with this scumbag. Thanks again!

TexLawyer :

Glad to help.

Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3617
Experience: Experienced in both state and federal court.
Chris T., JD and 16 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.