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A person has been chargedanken with harassment simple assult…

Customer Question
A person has been...

A person has been chargedanken with harassment simple assult by the Commonwealth of pa. Four years ago. I was the victim. He has continued to stalk and harass me over the years. Coming onto my property, filing right to knows on my property, veer into my Lane of traffic and now has applied to be on the same appointed board as me to enable himself to continue his actions. The police have been notified of everything with no response. He has physically come at me and I do fear for my well being. The emotional stress is wearing on me. How do I get it stop? The police and the DA's office said he has to do something physical to me again.

Lawyer's Assistant: Have any charges been filed? If so, when is the next court date?

I had him charged once and he was found guilty. The police said they do anything, they claim he hasn't broke the law.

Lawyer's Assistant: In what state did this occur?

Pa

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, he has had other harassment charges from other parties over the years

Submitted: 2 months ago.Category: Criminal Law
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Answered in 43 minutes by:
5/1/2018
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,331
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Have you looked into filing for a civil restraining order?

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Customer reply replied 2 months ago
but the police said it does not apply only applies in a domestic situation. In the order from the judge, he told him to avoid me. But the defendant doesn't.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 months ago

Pennsylvania has two types of civil protective order. One only applies to a domestic situation. The other, however, is a Protection from Sexual Violence OR Intimidation order and does not require that you have to be an intimate partner.

Harassment qualifies as Intimidation and you do not have to go to the police in order to file in civil court for such an order. Once the defendant is served lawfully with the order he would be required to avoid contact with you. If he didn't, THEN he could be arrested for violating the order.

You can get more information about this particular type of an order here:

https://www.womenslaw.org/laws/pa/restraining-orders/protection-sexual-violence-or-intimidation-orders/basic-info/what-types

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Customer reply replied 2 months ago
Are you the attorney who files or do I go find one?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 months ago

You don't need an attorney to file. You can get an ex-parte temporary order without an attorney. You may want a lawyer to represent you at the hearing you will need to attend to convert the order from a temporary order to a permanent one. The defendant gets a chance at that hearing to oppose the order and try to get it lifted. But you don't need one to get the temporary order. You just have to make out the harassment and convince the judge that you have reason to be fearful for your safety.

JustAnswer is not a law firm and lawyers here cannot actually represent customers. You would have to hire a local attorney.

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Customer reply replied 2 months ago
Does the prior conviction help my case more so than not?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 months ago

Yes. It definitely helps you that he was convicted once before for bothering you. For one thing, it shows that he's done this kind of thing before. For another, it gives you a reason to be intimidated now that the harassment has started up again.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 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.

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