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.
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.
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
On 12/11/2011 10:24 AM, firstname.lastname@example.org 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.
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
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
From The NYS Penal Law.
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.
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...
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)
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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