Okay so my husband and I work in an assisted living. I quit a few months ago but he still works there. All the time we had to deal with this evil lady that is a resident in that place ( she is 70yo and can function properly) she always wanted to know our business, and would throw a tamtrum if she didnt get her way. Her niece used to work there until she got fired. The resident ( we'll call her Helen ) dislikes my husband because he refuses to talk to her about anything but work related. She had her sister talk to his boss saying he was stealing stuff from work ( not true!) since she didn't get him fired, she had someone calling me on a block number harassing me saying all these stuff about my husband tryin to break us up. Im 100% sure it's her niece or sisters. What can I do?
I must add Helen's niece was the only one in that place that had my number. I tried calling my phone company to trace the blocked number but the said they can't. Can I go to the police station? I have a voicemail as proof of their harassment
Personal Injury Lawyer
you can always go to the police station but they may not want to file a complaint for harassment on these facts. You may insist on filing your own complaint thru the police dept (there is a difference between a complaint sworn out by an officer who witnesses criminal events and one that a citizen witnesses, but usu if you insist on filing they will give you the form and you will fill it out, etc) and then you will have to go to court and prove your case against this niece or sister. You would need a voice identification expert to prove it was them unless they admitted it. All this is alot of work for a harassing phone call. You may be better off having an atty write a sharp letter to them asking them to cease and desist their harassment, but even that may escalate their harassment and make things worse. You also give facts that support a claim for slander as the sister apparently slandered your husband at work, but since he was not fired it appears the boss did not believe the slander, so not much of a claim there either. I would report it to the police, give them a copy of the tape (keep the original and bring it to court) and continue to record the messages on all incoming calls that have no caller id and return to the police a second time if it continues. Maybe then, they will do something if it persists.
By answering this question I am not creating an attorney client relationship with you. This should not be construed as legal advice. You shoudl retain an attorney if you seek legal advice.
Criminal Defense Attorney
I generally agree with the answer provided by Katherine Grace Houghton, Esq. The reality is that an legal action takes time, effort and money (lost time from work, etc.). The question becomes whether it has come to the point that you cannot take it anymore such that you are prepared to make an investment in a case. The possible types of cases are (1) civil action for slander (spoken words) or libel (written words) - 1 year statute of limitations [unless you have actual damages, most lawyers will tell you it is not worth pursuing]; or (2) criminal harassment charges [most police officers will not file a complaint based upon your description but you could bring your own criminal case. Often times, a defendant brings a counter-charge and matters escalate]. You may be better off ignoring the senior citizen (who appears to have nothing better to do), or retaining a lawyer to write a strong letter to the person.
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