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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34975
Experience:  16 yrs. of trial experience
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My husband and I are being harrassed and want to file

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My husband and I are being harrassed and want to file charges
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: NYS
JA: Has anything been filed or reported?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: No

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?

Customer: replied 1 month ago.
Some people are harassing my husband and me. My husband is an elected official and had to fire the Superintdent of DPW due to the fact that he falsified payroll records. His family and friend have harassed us since January. Including:His father in law and a person running for our local election wrote a letter full of lies about us and sent it to 100 people in the community, and ruined our reputation.His father in law orchestrated a mob of people to come to town board meetings and harass the my husband the Mayor. In NYS people can gather and speak for 3 minutes, they meetings got out of control and now they still show up and just interrupt the meetings with nonsense, i.e, pointing out typos on the agenda, etc.. He called the local sheriff and they said they can’t come to the full meetings but if they people act up to call 911 and someone will show up. He never bothered because we live in an isolated place and there are limited officers in our county, if called them it would take them a good 15 minutes to get there and the people would leave. We have also been cyber bullied.The guy who ran for office won, and he has harassed us since. This guy is a deadbeat dad, been married multiple times, he attempted insurance fraud against a local agency but paid up when they thearented to arrest him. He is an all around bad guy. Someone sent a letter to him and his bosses anonymously trashing him and he blamed me. The police showed up on my door questioning me. I had nothing to do with it, but I think I know who knows more than what they are saying.We have had it, what questions I need answered from you are:We want to file harassment charges against three people (we have written proof of their slander and libels statements,), we have also been cyber bulled by one of their mob members,
1 What happens when we file charges, we also want to get a restraining orders against all of them
2 Can we file charges without going to court? We want the harassment to stop and we want them to be held responsible for their actions. The town attorney is well aware of them, but we don’t want to drag him into this, we were told this is a civil matter. Will this cost us any money, we don’t have a lot of money to spend on lawyers but they do.
Customer: replied 1 month ago.
There is a lot more to this story obviously but i kept it brief.

Can you tell me, have you reported this to local law enforcement yet? IF so what was the response ?

Customer: replied 1 month ago.
No not yet, but after today when the police showed we are ready to press charges for harrassementand anything else we can do to get this to stop. This involves about 15 people. The father in law and the guy who ran for office sent a 3 page letter full of lies to 100 people in our village in March, we didn't do anything about it. Because the Village was involved i a lawsuit with the former superintdent of the DPW. They blamed me for his crime.

Thank you

Let me address your questions in order

1 What happens when we file charges, we also want to get a restraining orders against all of them

This depends. Law enforcement has discretion. That means that they are not required to investigate or prosecute any particular complaint of misconduct. So you can report this to law enforcement…but if they refuse to investigate/prosecute? There is no way to force them to do so. If they refuse to prosecute you would need to sue them to seek compensation for this harassment.

2 Can we file charges without going to court? We want the harassment to stop and we want them to be held responsible for their actions. The town attorney is well aware of them, but we don’t want to drag him into this, we were told this is a civil matter. Will this cost us any money, we don’t have a lot of money to spend on lawyers but they do.

IF the police will prosecute? Then you have no need to do anything. But if the police will not prosecute, you would need to sue them.
You could use small claims court for this.

Small claims is a true "peoples court". The formal rules of evidence and procedure do not apply. So you can represent yourself (no need to hire a lawyer).

The process is simple enough. You head to the county court and talk to the clerk of the court. They can get you the forms needed to start. You file the claim, serve a copy on the defendant and wait for your day in court.

In court, be prepared to tell the judge what happened, and bring in copies of any evidence that supports your case. IF there are witnesses who can testify about what happened? Have them come as well.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 month ago.
I'm confused; the bad calls the police on me and falsely accuses me of writing this letter (it happened this morning) the police said we have fingerprints, etc trying to scare me. Is it right for the police to come to my door and based on an anonymous letter and start questioning me. And the strangest thing is I have never met the guy and I wouldn't know what his voice sounds like. The cop was intimidating me, Iike I had something to do with it.

Can you speak on the phone? This would allow me to address your concerns directly. There is a nominal additional charge. I do not time my phone calls...we can converse until you receive the information you need.

Customer: replied 1 month ago.
We are going to insist they prosecute, tell me what happens if they agree to charge them with harassment

If they are charged, then they will be brought before the court to answer for the charges. If they are convicted, they will be punished, according to the law and the evidence submitted during the hearing

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 month ago.
Thanks,

Welcome. Please take the time to rate the answer, as that is the only way I can receive credit for my work

thank you for understanding

P. Simmons and 4 other Legal Specialists are ready to help you

Hi
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Do you have more questions regarding this?

Thanks for your understanding
Phil