What kind of legal actions could and should be taken?

Question

Question 1....
My girlfriends psycho ex boyfriend (broke up over a year ago) called her and threatened to kill me on 2 seperate occasions? What can be done about this? restraining order? anything else?

Question 2
Aforementioned crazy ex boyfriends friend see's me at a bar.... I have never met the guy or the crazy ex boyfriend in my life. His friend orders me 'the most girly shot in the bar' tellin the waitress to tell me that ' i would know what he meant'... I sent the shot back and called it good... We went to a different bar to watch a different football game... My girlfriend leaves her car at the bar and lets me drive her home because she had more than she needed to be driving... we get a call this morning from the owner of the bar saying that 3 of her car windows had been busted out with a bat... when we file the report a witness stated that he saw a small white car... Psycho ex's friend that confronted me drives a white grand am... what can be done legally?

Some more info

About question 1... it seems like I should be able to do something when someone has threated to kill me?

Question 2.... This guy spent time in jail for busting out a police officers window and fleeing, so he has prior records, im guessing it was a felony?

Thanks for any help you can give about this bad situation

Grape Ape - I need help letting things go? this happened this morning...I am being civilized about this trying to let the legal system do what it is supposed to do...

Now that I think about it... what if this guy was sitting out side with his friend with a baseball bat waiting for me to leave the bar... and when we didn't come out, he got pissed and decided to take it out on her car... I mean yeah its a stretch but the dude did threaten my life... Concealed weapons permit is starting to sound like a good idea...

Answer 1

Report the incident to the police. You can't threaten to kill someone. You should be able to get a restraining order and if he violates it, he can be arrested. If you have a witness who saw the window smashing, you can report that also. If he doesn't pay to fix it, you can then take him to civil court. Just don't give in to anger or retaliation. Report any incident to the police and keep records. You can even mention this to the jerk and maybe he will restrain himself.

Answer 2

On the first issue, you may not have any direct recourse because it is considered hearsay. The boyfriend called her, not you (even though I guess she told you what he said).

The cops and psycho-ex's lawyer may say that your girlfriend made up the death threats so you would get mad and go try to do "something" about him.

Your best bet is both you and your girlfriend go to the police station and find out exactly what recourse you may have. Your girlfriend may be able to get a restraining order to stop him from coming within X yards of both of you, and to prevent calls on the phone.

I would also consider that you start recording any phone conversations, or jotting down in a little black book every time he calls, anytime you see him on the street, any time some property is damaged and you suspect that psycho or his friend had a hand in it. That way you have a history, and perhaps "objective" evidence regarding his actions. If he utters a death threat on tape, you have something to work with.

As for the second issue, unless the witness is reliable and can attest that the white car he saw was driven by the psycho's friend, that he has a bat in his car or there was any evidence (like fingerprints), then you can only treat it as an act of vandalism.

But remember, if it happens again and again, and you have the history marked down or reported to the cops, you are building a case and have a better chance of getting them off your back.

Answer 3

First you should have reported the threat immediately. Second keep a log and record the date/time/number he is calling from and as much info on the conversation as possible. And make sure you report it each time he calls or threatens you, this way you have a record on file. With all this info on file, you should have no problem getting a restraining order. Just remember that it's only a piece of paper and it may just enrage him further.

Other than filing a report about the vandalism on your GF's car, I don't know that there is much you can do. Unless you can prove beyond a shadow of a doubt that it was the ex's friend, which would mean a witness who maybe got the plate number or saw him do it. If you had enough evidence then the police would arrest him and if that happens you can also file a civil suit--I would talk to an attorney and make sure you document everything, the more witness's you have the better.

Good Luck.

Answer 4

In regards to #1 - uttering a death threat is a charge and for each time he said he gets a charge. With previous behavior you can easily get a restraining order, be sure to include your place of work, parents house etc. But though you have it, it does not mean it is easy to enforce BUT if he has previous violent behavior they may be looking for an excuse to throw him in a cell to cool his heels.

#2 - tough to do anything about a free drink. As for the windows, unless they had a part plate number or a description of the persons driving it will just go into the report. Though make sure you explain all previous history to the police. Also tell the insurance company about the situation as well as they may wish to do follow up on their own. And since it is their money they often follow more leads and push a little harder.

Good luck, sounds like a not nice situation.

Answer 5

I think that you should take the following steps:

1. Just as you've done in the space above, you need to document the sequence of events with dates, times & names of witnesses if at all possible. Taking these steps can help build a bigger picture to law enforcement...if necessary.

2. Law enforcement may become necessary, as in you begin to feel that yours or your girlfriend's safety is being jeopardized, your property is being vandalized or he has made actual threats (esp. when witnesses were present). I would file a police report providing the details as mentioned above, and if necessary both you AND your girlfriend need to file a restraining order against him. Be persistent. This person needs to be dealt with in a legal manner esp. if he already has a record.

Answer 6

If he's threatening you, then you can do something about it. If you are in fear for your safety or for your property, then you should do something about it.

In every state, the laws are different so this isn't the best place to find out what can be done. Either call the Police or Sheriff's dept or go in and visit. Don't wait too long before doing so, and make notes with dates, times and specific details of everything that has happened.

Answer 7

There is no cause of action for civil law. Your GF can and should go to police to make a record and she could get a restraining order- you however can not really do anything, he isnt threatning you directly. Just file a police report as a just in case so that there is a record .

Answer 8

1) threats from phone can be traced back to call from as a basis of the call was made as you said. this is your side of the story that threats were made? his will be he did not?? or he might be crazy enough to say yes he did??
you can file a report the longer you wait the less believable it is>

2) leaving car and knowing he was there? someone saw him do it, not a small white car unless witness can id make and model of said car??grand am is not a small white car??

Answer 9

on the first one get restraining order ask the witness if the car they saw matches the psycho ex's friends car.If it matches tell the police and sue him for damages to the car.

Answer 10

YOU DO HAVE A PROBLEM. OF COURSE TELLING THE POLICE AND GETTING RESTRAINING ORDERS FOR YOURSELF AND YOUR GIRLFRIEND IS NECESSARY. JUST REMEMBER A RED LIGHT IS NOT THE THING THAT STOPS A CAR. CHECK ON A FIREARMS TO CARRY PERMIT IN YOUR STATE AND COUNTY. IT MIGHT NOT BE A BAD IDEA TO CARRY A CONCEALED PISTOL. IF YOU CANT GET A PERMIT IM NOT GOING TO GIVE YOU ADVICE THATS BREAKS THE LAW. THATS UP TO YOU. JUST REMEMBER IF YOU DECEIDE TO PACK HEAT THE ACTION CARRIES A GREAT DEAL OF RESPONSIBILITY.