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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26841
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am a US Citizen from Oregon currently living in Ukraine. I

Customer Question

I am a US Citizen from Oregon currently living in Ukraine. I live with my fiancee whom I have a 2 year old daughter with. My ex wife and 10 year old daughter from my prior marriage live in Oregon. My ex-wife's sister somehow got a hold of my fiancee's phone number and has called her multiple times to harass and threaten her. During one of the calls she threatened to throw acid on the face of my Ukrainian daughter and fiancee if we move to the United States. What legal rights do I have to charge my ex-wife's sister with a crime? Can I make a restraining order against her so she is unable to see my daughter currently living in the US?
Submitted: 8 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 8 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey_ JD replied 8 months ago.

You can report this as a crime to the police in your ex-wife's sister's jurisdiction and to the FBI at the field office nearest your ex-wife's sister.

A civil restraining order keeping her away from your fiancee and daughter would also be possible. The difficulties, however are two-fold: first of all, since you are not the victim of the threat, you have no standing to take any civil action here. This would have to be done by your fiancee and your daughter, who are the actual victims and whose participation and cooperation would be required in order for them to get a protective order. And the second is that your fiancee is still in the Ukraine and can't file for a civil order or attend the hearing at this time.

If your daughter is living in the US, on the other hand, and she is a target of these threats, then she can go to the police and report the crime against her or file in civil court for a restraining order against your ex's sister.

Customer: replied 8 months ago.
Why would either of my daughters need to report this themselves? They are both under 18 and too young to do such a thing.
Expert:  Zoey_ JD replied 8 months ago.

Sorry for the delay. I left the computer to run some morning errands.

Your daughters can go with their parent or guardian to report this to the authorities or to go to civil court for a protective order. There's such a thing as what we call standing, without which a person does not have the right to bring a court action. In order to get a civil protective order for your daughter, someone has to go to court in person and petition for that order. Then someone would have to go before a judge and testify as to why the order is necessary and later attend a hearing and testify as to why that order should be made permanent. The person who has standing to do that is the victim of the offense. If she is a minor, a parent, guardian or lawyer can go with her.

Expert:  Zoey_ JD replied 8 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.