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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 24549
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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My girlfriend and I broke up 16 months ago due to numerous

Customer Question

My girlfriend and I broke up 16 months ago due to numerous events of her cheating on me, and since then, I have been receiving multiple harassing and now threatening texts and emails out of the blue. I have not communicated with her since running into her with some friends 9 months ago and even then she was extremely irate and confrontational to me in public in front of my friends. They all heard the yelling from her at me. I have never responded to any of her texts/emails, thinking it would just stop, but the most recent barrage of communication from her over the last few days are particularly concerning because of the hostile, harassing, and threatening nature. Again, I did nothing to provoke these messages. She apparently found out that I went out with my friends and new girlfriend. I received the following communication the day after I went out:

1) "F-you. F-you. Karma is a b_tch and you sir are a f-ing halfwitted douche. karma is coming for you. Oh yeah f-tard! "Name" will know what a senseless d_ck you really are. F off for the rest of your life. I know you will"

2) "And be aware that ur mental "instability" is being brought to the appropriate attention. Good luck brah. Deficits as you will"

3) "F- You. F-You. Karma is bitch. You sir are a f-ing halfwitted douche and Karma will come back to you. yes it will. BTW, you think you can manage your current relationship. LOL. LMAO. You get what you give. Manage your life as you will, but it will come back to you. Remember you get what you give."

Can I take any legal action to make it stop? I don't want to respond because I feel it would just provoke her even more.

These last texts/email indicate that she is planning on doing something to defame my character based on things that are untrue. Is there something that I can say or do to prevent that from happening or do I have to wait until she does something to act?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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In a situation like this, you can file a criminal complaint against her for harassment. Under Hawaii law, it states:
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§711-1106 Harassment. (1) A person commits the offense of harassment if, with intent to harass, annoy, or alarm any other person, that person:

(a) Strikes, shoves, kicks, or otherwise touches another person in an offensive manner or subjects the other person to offensive physical contact;

(b) Insults, taunts, or challenges another person in a manner likely to provoke an immediate violent response or that would cause the other person to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another;

(c) Repeatedly makes telephone calls, facsimile transmissions, or any form of electronic communication as defined in section(NNN) NNN-NNNN2), including electronic mail transmissions, without purpose of legitimate communication;

(d) Repeatedly makes a communication anonymously or at an extremely inconvenient hour;

(e) Repeatedly makes communications, after being advised by the person to whom the communication is directed that further communication is unwelcome; or

(f) Makes a communication using offensively coarse language that would cause the recipient to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another.

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Once you filed the complaint, she will be served with the complaint, typically by the police. Then she would have to deal with her issues in the criminal justice system.
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You can also file for a restratining order against her at the same time that would prevent her from being able to have any contact with you whatsoever. If she violated that order, then she can be arrested and thrown in jail and face further criminal charges.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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Customer: replied 1 year ago.

Thank you for the quick response Barrister! A couple of follow up questions:


 


1) If I were to take action, would the harassment complaint and restraining order both have to be filed with the police department local to her? I currently live in another state and I'm wondering if I need to do this in person in her state or if I can do it remotely. Or.. would I have to file the harassment complaint and restraining order in the state which I currently reside? Can I do it myself or should I seek legal representation to do it for me?


 


2) One of my fears is that she will harass my family and friends as well. Can my harassment complaint and restraining order apply to them as well or do I need to warn them to take the same actions? She has been known to still communicate with them even months after breaking up.


 


3) Will the harassment complaint and restraining order also "prevent" her from doing anything to defame my character, as she implies in her texts, (calling my workplace, etc.) or do I need to wait for her to do something like that before I take additional action?


 


Thanks again!


 


 


 

Expert:  Barrister replied 1 year ago.
1) If I were to take action, would the harassment complaint and restraining order both have to be filed with the police department local to her?
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You could file in either your state or hers. Since the communication originated in hers and ended in yours, either state would have jurisdiction to take action.
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Can I do it myself or should I seek legal representation to do it for me?
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Yes, you can just go down to the local courthouse and tell them you want to seek a protective or restraining order (some states call it different things) and file a formal complaint. The clerks can then direct you to the proper office to file the complaint and petition. You don't need to spend money on an attorney to do this.
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Can my harassment complaint and restraining order apply to them as well or do I need to warn them to take the same actions? She has been known to still communicate with them even months after breaking up.
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No, it would only apply to you, but she would be prevented from contacting any third party you know to try and contact you or get information about you. If others didn't want any contact from her, they would have to file for their own restraining orders.
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3) Will the harassment complaint and restraining order also "prevent" her from doing anything to defame my character, as she implies in her texts, (calling my workplace, etc.) or do I need to wait for her to do something like that before I take additional action?

.

Yes, it would not only prevent her from contacting you but also prevent her from taking any further actions that would constitute harassment. If she does, she could be charges with a misdemeanor and spend up to a year in jail.

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.

Thanks

Barrister

Barrister, Attorney
Category: Legal
Satisfied Customers: 24549
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 12 other Legal Specialists are ready to help you
Expert:  Barrister replied 1 year ago.

Thanks so much for the positive rating and generous bonus, it is very much appreciated!

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It was my pleasure to work with you and help with your question. Please feel free to ask for me if you need help with anything in the future and I will do my level best to help or get you to someone who can.

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Barrister

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Barrister
Barrister
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14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs