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We have been having problems with someone who lives next door to our business, he has been making physical threats against myself, the owner and the business in general. He feels he has been wronged by us, when in all sincereity he wronged us. He has threatened to come to our houses and F*** us up and that he has a lot of friends and this that and the other. I am a young female and 7 months pregnant and just dont need the stress. And would rather the entire thing would just go away. I just started being the General Manager here and this had been going on for a sometime before I started, now because I stood up to the guy he seems to have targeted me. I have called the police and they say that it is a matter for the civil courts to decide. I dont want to wait that long for this to be resolved civilly. I am a passive person and threats of violence have never been a part of my life. Any help would be great

2007-07-19 02:06:24 · 5 answers · asked by Anonymous in Politics & Government Law Enforcement & Police

5 answers

Not knowing what state you live in makes your question a little tougher to answer, but I'll do my best.

First of all, making threats to come over to your house, etc., would not be considered a crime here in MD. It's not considered an assault since, by definition, an assault is the threat to do bodily harm with the immediate means to carry out the threat. I could say I'm going over to Mike Tyson's house to give him a smackdown. That doesn't make me a criminal, it makes me stupid.

I don't know if you can get a restraining order for a business in the same way you can get one for yourself. In MD we have something called a Peace Order. In essence, it's a stay away order issued by the courts against the individual that you've identified as harrassing you, etc. Sounds to me like you'd have no problem getting one of those against this guy.

As far as the business is concerned, I think that you, as the General Manager, can issue this guy a "No Trespass" letter on behalf of your store indicating that he is not permitted to be on the property. If you don't have that authority, contact your boss and see who does. Send it to him Certified Mail (so he has to sign for it), and provide a copy to your local police department so they're aware. After he's been presented with the letter, if he comes to your store, he risks being arrested for trespassing.

The restraining order falls under civil law in most states, but the "No Trespass" warning makes it a criminal offense if he comes to your store after being warned to remain away. But if he were to violate either order, he's arrestable.

2007-07-19 04:29:26 · answer #1 · answered by Anonymous · 0 0

The police are wrong. If the man threatened you, that is assault. It is a criminal offense. Report the matter directly to the chief of police. Also, let the mayor know the police will not help. Finally, contact the District Attorney in the county where the business is located. File criminal charges against the man. If he finds he can get away with threats, he may go further. You are right to be concerned.

2007-07-19 02:13:34 · answer #2 · answered by regerugged 7 · 0 0

my quest why the police told you this was a civil matter, is the fact that for awhile now there has been problems with the business and the neighbor, and they have been called out many times before, they have grown tried of the petty fight

2007-07-19 02:17:30 · answer #3 · answered by goz1111 7 · 0 1

You can go to your state's web site and check for the online forms available for you. Or, you can go to the clerks office and pick one up, fill it out and file it yourself. If I can help send me an email and I can help you fill it out.

2007-07-19 02:13:32 · answer #4 · answered by Faye Prudence 3 · 0 0

Get a lawyer and file a request. Then the judge will look at your case and deem if it is warranted. If it is he will grant it and you can enforce it

2007-07-19 02:13:09 · answer #5 · answered by boredcollegekid 3 · 0 0

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