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I have been getting many such quotations repeatedly, they are timing it in such a way that I feel threatened. Can I use these quotations in court.
2007-10-20 08:19:14 · 7 answers · asked by XYZ 1 in Politics & Government ➔ Law & Ethics
In the law of "tort" .. assault need NOT have physical contact - .. and is the act of intentionally, and voluntarily, the cause of apprehension of an harmful, or offensive act. It only needs intent ,and resulting apprehension. (Battery assualt involves physical contact).
Three qualifications for assault is committed when (1) a harmful threat or offer is made (2) in a situation which creates fear (3) where there is ability to carry out the act if not prevented.
The act is "offensive" if it would offend a reasonable person’s sense of personal dignity.
If you know the person who is sending these messages to you .. then you are the one who knows the intent of the messages.
You say you feel threatened.
You could take these messages, along with your story, and go the the District Attorney. Ask the DA what legal avenues are available to you. If you do not want to go directly to your District Attorney .. then call the Attorney General of your State, and ask for advice. Or, contact an attorney.
2007-10-20 08:51:56 · answer #1 · answered by Tara 7 · 0⤊ 0⤋
These cannot be rightly construed as threats.
But repeatedly receiving such messages
whether from known sources or unknown persons does unnerve one.If the sender is someone you know confront him and ask why
he is indulging in a nasty game.If the messages are from unknown sources then contact the police with the messages and seek their help.
You certainly can use them in a court to
establish harassment.
2007-10-20 08:50:12 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Although they could argue these are just useful quotations, if you continue to recieve them after you tell the person to stop, it would be considered harassment.
I suggest calling the police, and requesting they just talk to the person and tell them to stop. They will have a record of the warning if the supect continues. This will assist you in getting a restraining order, or pursuing harassment charges, or both, depending on how severe and frequent the events are.
Do not, under any cirucmstances, contact this person yourself. Two way contact can weaken a harassment case.
2007-10-20 08:23:07 · answer #3 · answered by trooper3316 7 · 2⤊ 0⤋
No -- they cannot be reasonably considered threats.
You may be able to argue that repeated messages are spam or harassment -- but that would only be based on the frequency of the messages, not the content above.
2007-10-20 08:46:37 · answer #4 · answered by coragryph 7 · 1⤊ 0⤋
I think you will have to name the person who said it first
2007-10-20 08:27:11 · answer #5 · answered by Anonymous · 0⤊ 0⤋
threats are put on some one not quotes i don't think
2007-10-20 08:34:48 · answer #6 · answered by dweed1503 2 · 0⤊ 0⤋
these are NOT threats!
2007-10-20 09:46:00 · answer #7 · answered by Anonymous · 0⤊ 0⤋