OT - The harassing calls

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On 12/11/2011 9:06 AM, Jim Elbrecht wrote:

Don't even try to block these. They just flaunt the law and do everything to get through. I've got 2 land lines but use one for business and it goes to fax machine after 4 rings. I get more junk faxes than real ones but some clients insist I still use a fax machine.
Also had problem with father suffering dementia in nursing home as numbers would rotate and I just had to keep blocking a new one. Hated to block my own father but he would call at all hours of the night as he did not understand it that he might be calling at 2 am.
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Hmmm. Didn't know about that option. I'll suggest that.
I did chat with a deputy Sherrif. Says that in NYS the harassment needs to include threats of violence or harm, in order to qualify for police action. Just being irritating isn't enough.
--

Christopher A. Young
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On Dec 11, 10:30 am, "Stormin Mormon"

I was assuming this was the case, which is why I didn't suggest calling the Fuzz, but it was wise to give it a shot anyway...
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Simple contact is enough to qualify for police action if you get a restraining order. With evidence of email and phone call harrassment I would think getting a restraining order would not be difficult. Very likely the loon would not even show up to defend against the action.
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On 12/11/2011 10:24 AM, snipped-for-privacy@optonline.net wrote:

I sure don't know about your jurisdiction, but they have sure quit just handing out VPO's here. They require evidence in writing, recordings, photos, and/or multiple verifiable eye witnesses before they will even consider court action. The pendulum has apparently swung away from just handing them out on an individual's statement.
--


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Never suggested that courts just hand out restraining orders anywhere. I suggested the person make sure to save the relevant harrassing emails and phone calls to present as evidence to the police or to get a restraining order.
Also, this apparently is not a case of a husband/wife, boyfriend girlfriend, or similar, where there may be complex issues involved. From what has been presented, it's a case of some unstable person harrassing someone with whom they have no reason to be in contact. I think in most jurisdictions if you presented phone and email messages demonstrating the harrassment, the restraining order would be issued. The harrasser likely would not even show up to dispute it.
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Larry Fishel wrote the following:

From The NYS Penal Law.
SEC. 240.30 Aggravated harassment in the second degree.
A person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, he or she: 1. Communicates, or causes a communication to be initiated by mechanical or electronic means or otherwise, with a person, anonymously or otherwise, by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm; or 2. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication; or 3. Strikes, shoves, kicks, or otherwise subjects another person to physical contact, or attempts or threatens to do the same because of the race, color, religion or national origin of such person; or 4. Commits the crime of harassment in the first degree and has previously been convicted of the crime of harassment in the first degree as defined by section 240.25 of this article within the preceding ten years. Aggravated harassment in the second degree is a class A misdemeanor.
--

Bill
In Hamptonburgh, NY
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That's a very generous defintion. You think I could get Obama arrested based on that? Section 1 would seem to apply..... He regularly communicates via electronic means and he sure annoys me.....
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On Dec 11, 10:30 am, "Stormin Mormon"

I highly doubt that NYS lacks a law prohibiting making annoyance phone calls, this "deputy sheriff" you spoke to is probably not familiar with them or even the definition of "harassment"...
Do not ask the police for legal advice, the average police officer does not possess an adequate knowledge of the law to be able to give you any sort of useful answer... Police Supervisors often correct inaccuracies in the way of legal gaffs made on submitted reports by the officers under their command...
Speak to an attorney for legal advice, in this situation, an inquiry made to the local district attorney's office would be in order for advice on how to proceed in a way which will result in usable evidence being generated which can actually be used against the person making the disturbing phone calls...
~~ Evan
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Stormin Mormon wrote:

Is the harasser known to the victim?
If so, a visit to his home by you and a half-dozen of your friends may educate him as to socially-acceptable behavior.
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wrote:

They better bring their guns. The harasser has the right to defend himself.
--Vic
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On 12/11/2011 12:54 PM, HeyBub wrote:

Good grief! Then all the party has to do is make up a story for the police and the callee will be in jail/court....there is no good way to "get back" at an out-of-control nutcase.
As for police, it very likely makes a difference whether the calls are coming once a week or twenty times a day, whether daytime or late night, etc. If the caller is known to the callee, add points. In early stages, the phone co. might take it more seriously than the police...the police like to see blood, or at least some bruises.
My IP has a set up to block emails; trouble is, the IP sends me an email each time it blocks one! I definitely would not respond to them, other than ONCE to tell them that the victim does not want any contact with them. I have been through dealings with nut cases who are not afraid to lie to police; trust me, it is difficult to defend one's self in those situations, esp. when aggressor is a cop :o)
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Not known. That's a good idea. I figure the harasser will probably try his behaviour on a biker gang, some time.
--

Christopher A. Young
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Just call the phone company and report the abuse. They handle it from there. You could say there had been threats of violence...how could the caller prove they weren't making them...and if future calls are recorded, it seems the caller stopped making threats
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