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 P. Simmons Your Own Question
P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33095
Experience:  16 yrs. of trial experience
11181181
Type Your Legal Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

What's harassment. ....when I comes to neighbors,city code,

Customer Question

What's harassment. ....when I comes to neighbors,city code , and the state of Michigan ...? 0
Submitted: 9 months ago.
Category: Legal
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

Most harassment laws are state determined, not local ordinances. Michigan included harassment under its "stalking" statutes and it is covered under Michigan Penal Code 750.411h and states:

.

(1) As used in this section:

(a) “Course of conduct” means a pattern of conduct composed of a series of 2 or more separate noncontinuous acts evidencing a continuity of purpose.

(b) “Emotional distress” means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.

(c) “Harassment” means conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable individual to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.

(d) “Stalking” means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

(e) “Unconsented contact” means any contact with another individual that is initiated or continued without that individual's consent or in disregard of that individual's expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following:

(i) Following or appearing within the sight of that individual.

(ii) Approaching or confronting that individual in a public place or on private property.

(iii) Appearing at that individual's workplace or residence.

(iv) Entering onto or remaining on property owned, leased, or occupied by that individual.

(v) Contacting that individual by telephone.

(vi) Sending mail or electronic communications to that individual.

(vii) Placing an object on, or delivering an object to, property owned, leased, or occupied by that individual.

(f) “Victim” means an individual who is the target of a willful course of conduct involving repeated or continuing harassment.

(2) An individual who engages in stalking is guilty of a crime as follows:

(a) Except as provided in subdivision (b), a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

(b) If the victim was less than 18 years of age at any time during the individual's course of conduct and the individual is 5 or more years older than the victim, a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both.

(3) The court may place an individual convicted of violating this section on probation for a term of not more than 5 years. If a term of probation is ordered, the court may, in addition to any other lawful condition of probation, order the defendant to do any of the following:

(a) Refrain from stalking any individual during the term of probation.

(b) Refrain from having any contact with the victim of the offense.

(c) Be evaluated to determine the need for psychiatric, psychological, or social counseling and if, determined appropriate by the court, to receive psychiatric, psychological, or social counseling at his or her own expense.

(4) In a prosecution for a violation of this section, evidence that the defendant continued to engage in a course of conduct involving repeated unconsented contact with the victim after having been requested by the victim to discontinue the same or a different form of unconsented contact, and to refrain from any further unconsented contact with the victim, gives rise to a rebuttable presumption that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

(5) A criminal penalty provided for under this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.

.

.

If you can tell me what particular city you are in, I can see if there are any additional local ordinances that may apply...

.

.

thanks

Barrister

Customer: replied 9 months ago.
Barking Dog......no good sleep for three yrs.
Customer: replied 9 months ago.
Help
Expert:  Barrister replied 9 months ago.

That would be a private nuisance or a noise ordinance violation that you could sue the owner of the dog for to get an order from the judge to abate the nuisance. Not really a harassment issue unless you can prove that this is intentionally being done. Thanks Barrister

Customer: replied 9 months ago.
I need a call.....I don't do on well on line when upset. ...I can pay......in the house for a few days. And I'm not the problem. ...
Customer: replied 9 months ago.
Please call soon
Expert:  Barrister replied 9 months ago.

I am sorry but I do not participate in the phone call program for the site and limit my interaction with customers only to the website.

.

However, if you wish to have a phone call with an attorney, you can post a request for "additional services" and your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

.

I will opt out and open the question to other attorneys who might be interested in engaging in a phone conversation.

.

Your account hasn't been charged for our conversation.

.

.

thanks

Barrister

Expert:  P. Simmons replied 9 months ago.

Can you tell me, are you looking for a phone call still?

Customer: replied 9 months ago.
Still lost no answers.....money grab...take my money.....heck I was already watching tv........lawyers always a money grab....4 days...still in my house...and I'm not the problem. ..ok out
Expert:  P. Simmons replied 9 months ago.

Sorry...I do not understand. I am a different expert. THe prior one does not participate in the phone call program. I do. You indicated you wanted a phone call. Is that the case?