My girlfriend's exboyfriend is thretening us, can we file a lawsuit?

Question

this person is out of his mind...where do we have to go? and what kind of protection can we get?

Answer 1

You can petition the court for a restraining order, but you must have some facts to back it up. Video is the best. If you have saved messages, text or voice, that's good too. The court will not issue a RO just because you SAY he is out of his mind, you must bring something to the table. I'm on your side..believe me. But our country is getting more and more liberal with more rights going to the suspects and criminals than to the victims. Unless people and polititians change this, we must learn to adjust with the times.
Next time he is "out of his mind" call the police and insist (and you may have to INSIST!) on an incident report. Cops are inundated with paperwork these days and if they can get away with not writing one, they will.

Answer 2

Juan - You don't really have grounds to file a civil lawsuit and it depends on the severity of the threats and the number of witnesses whether he's committed a crime the police can arrest and charge him with. That's not to say you can't protect yourself from this nutjob.

Try starting with the Courts and getting protection orders for both of you. If your girlfriend's ex is specfically threatening her with bodily harm in any way shape or form she can go to state court (not to be confused with municipal or "city" court) and ask for an "ex parte domestic violence restraining order". They are available in all 50 states. She should be able to appear before a judge tell him or her about the threats (without the ex present) and get a temporary order. The judge will set a hearing roughly two weeks down the road and the Court will deal with getting the ex served with the order and letting him know when the hearing is. At the hearing the ex has the opportunity to appear before the judge and argue why a permanent order shouldn't be entered, just as the two of you will have the opportunity to argue for one. Now that takes care of your girlfriend.

As for your own safety, if the threats also include doing specific bodily harm to you what you are looking for is an "anti-harassment" order. This order is not as strong as the DV restraining order, but it should provide some basic protection from this guy harassing you in ways that cause you harm. The process for getting it is similar to the DV order. In addition, you may have to pay a nominal fee to file and serve the order, unlike the DV order which should be largely free.

Once you have some orders in place it will give the police so much more to work with if this jerk keeps bothering you and your lady. Don't delay - get started on this ASAP. Good luck.

Answer 3

Depending on where you live, I'd find out with the local P.D. I had the same problem and I would record voicemails, maybe a log of when he comes around or calls. Block calls if you can. You could call the police and make reports, unless he's threatening you all or actually doing harm, there isn't much for you to do. Enough reports could classify as a stalker or harrassment.But remember that you have to actually press charges. You can't just make a report and hope for the best, there has to be an actual charge made. For the minor problems, report them that way you have proof when you get a copy and not just "what he said she said" or your journal entries. I don't think you can file a restraining order until you have enough reports or actual charges but again, I'd highly suggest you call the local police station. Ask. Tell them your concerned. Won't hurt at all and they will be aware. I wish you luck. I don't suggest you engage with him. Irony might kick in and he might press charges on you. Be careful, the unstable ex's can be scary.

Answer 4

You and your girlfriend need to go to the county courthouse, go to the court clerk's office and file for a restraining order. If they feel you have a legitimate claim they will issue a temporary emergency protective order and set a Court date where a judge will rule whether or not to issue a full restraining order. While you can sue for just about anything, you would have to show damages, real documented damages; i.e. you missed work, had to pay for a counselor, etc. That being said, your case against him would most likely be criminal in nature. In any event, the quickest way to get him to stop is to file for the protective order as outlined above, and possibly file a report with the police/sheriff's department. If the authorities feel that his actions warrant a criminal charge, they will file one and it will be the District Attorney who represents your interest, he will have to hire his own attorney. However, it is a criminal charge and you will not be monetarily compensated. However, he will probably have fines, court costs, classes (such as anger management), and probation of some sort. Should you or your girlfriend be granted protective orders from this guy, and he continues to make contact he will be in violation of that protective order. When this happens, you report it to the authorities and he could face them charging him with violation of the protective order, which is also a criminal charge.

Answer 5

first, document the threats as best you can, even if it's writing down what you remember.

Second, call the police and report the threats. This is best done with a few minutes to a few hours of a threat occurring.

In the mean time, call the police and tell them you need help filing for a restraining order. If one gets approved, you can call the cops whenever the jerk is around and have him arrested for violating the restraining order.

Answer 6

I would talk to the police first. You can get an order of protection, but a lot of good that will do if he actually decides to harm you. If you can prove that he's threatening you (like with voice mails or email or something) you may be able to have him arrested for stalking - different states have different laws.

The first thing I'd do is start keeping a diary and tap my own phone lines so you can get some proof - print all emails and IM's ,etc.

Answer 7

I would go to the police and file a report and then get a restraining order against this guy first. If he continues, than pursue other legal options. Right now, you have no legal grounds to file a lawsuit against him. However, if you have a restraining order and he violates that order, you do have a legal course of action.

Answer 8

Call the cops now. If possible, get a recording of it! That way, it's irrefutable, but of course, that is dependent on your state (In the state of Texas, only one person on the line has to be aware that a phone call is being recorded, other states require that both ends know) From there, you can get a restraining order or file charges on him for stalking, harrasment, threats and even trespassing if he's come on your property.

Best of luck to you, I had the same problem with my ex!

Answer 9

First you need to have a restraining order, you have to show that he has been threatening you and have PROOF before you can get anywhere with a lawsuit, Make sure that you always right down dates and time of what happened, also try to record any conversations.

Answer 10

Call the cops. He is guilty of stalking, threatening, and harassing you. That's against the law. You don't need to file a lawsuit. Document everything he has done, and call your local police department. Do it every time he does something. He'll either stop or go to jail.