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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37639
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I don't know what to do about an ex-friend who keeps threatening

Customer Question

I don't know what to do about an ex-friend who keeps threatening me and calling me for over a year. I talked with Legal Aide and they sent a Cease and Desist Letter, but he ignores the cops and Legal Aide. I wondered if I could sue him...he is causing me emotional distress.
I also am not able to participate in activities with SLAS, Salt Lake Astronomical Society because he is always there, which makes me depressed. He threatens to ruin all my friendships and tells me everyone I know hates me.
Submitted: 2 years ago.
Category: Family Law
Expert:  LawTalk replied 2 years ago.
Good morning,
I'm Doug, and I'm very sorry to hear of your situation. Thanks for asking for me. My goal is to provide you with excellent service today.
You have two potential avenues of remedy. One would be to sue the person civilly for Intentional Infliction of Emotional Distress. You may do this in small claims court; and it will be helpful if you can show that he has upset you so much that you have incurred medical expenses/counseling expenses from a therapist to try and deal with your emotional upset.
Alternatively, you can file a police report and seek to have him charged with stalking and/or harassment.
Under Utah criminal laws (UCC 76-5-106.5), stalking is defined as intentionally or knowingly engaging in a course of conduct directed at a specific person and knowing that such conduct would cause a reasonable person to:
Fear for their safety or the safety of another, or
Suffer emotional stress
After you file the police report, consider applying to the court for a restraining order which will prevent them from contacting you
Under Utah law, Harassment is defined as communicating a written or recorded threat to commit a felony with the intent to frighten or harass another. (UCC 76-05-106) This crime is a Class B Misdemeanor with a possible penalty of $1000 fine and a half of a year in jail.
So, if he has threatened to harm you physically either in writing or on your voicemail, you may report criminal harassment to the police.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,
Doug

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