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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27752
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Although this may sound petty, it has been an issue of nearly

Customer Question

Although this may sound petty, it has been an issue of nearly 15 years. The family next door who has rented for over 15 years has always been a major headache to the neighborhood, especially my family. My son is 18 and the "man" next door is now 20.

My son has been out of high school for a year; now entering his second year of college. This man just graduated high school, has a baby, living with his parents and is going nowhere in life.

A couple nights ago a person came by and said he received a terrible text about my son saying he was a pedophile, rapist, retard, loser, etc. This person gave us the # XXXXX was sent from. I traced it to the "man" next door. After not seeing my son for nearly two years, he is still hurting us! I called the police and reported it and the "man" admitted to the police to sending it. The police said we have up to a year to press charges. I feel like doing it just to cause them problems, but what is involved? Is it worth it? Thx
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 years ago.
Chat Conversation Started
FranL :

Hello,


 

FranL :

Hello,

FranL :

Hello,

If your neighbor is sending out messages that are designed to get back to you and your family and is doing it for no legitimate purpose except just to upset you, this would arguably be harassment, which is an A misdemeanor in New Hampshire. Here is the statute which defines it. You would want to look at I(c).

The police officer was correct. Since this is a misdemeanor, you would only have a year from the incident to have charges filed. As you have already made out a report with the police, you could tell them that you want to press charges and that as he's a neighbor, you want a protective order so that he can have nothing further to do with your son and your family. You could also go directly to the prosecutor's office and ask to swear out a formal complaint against your neighbor and to get a protective order. He would be arrested (or receive a citation) and would

FranL :

He would have to be served with the order, which the police could do. He would then either be arrested or given a citation. Either way, he would become a defendant on a criminal case.

FranL :

The prosecutor would be working on your behalf, so you and your family would not have to come to court unless the neighbor wanted to try the case. Then you'd be called in to testify. Apart from that you'd have to stay in touch with the prosecutor and cooperate with them in the prosecution.

FranL :

If your neighbor violated a protective order he would be arrested and charged with violating the order -- a separate charge from whatever he may have done to violate it.

FranL :

The only real downside I see is that this man is a neighbor, and he is likely not to be moving out any time soon. He's not going to be pleased by this, even if he abides by it, so it could make things unpleasant for you if the neighborhood takes sides.

If I've helped, please click the green Accept button so I can get credit for my work.

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