Skip to main content

Can I person be arrested for calling u.

Sunnyvale, CA |

I've told her stop but keeps going can any legal actions be taken

Attorney Answers 3

Posted

If a person keeps on calling you against your will, and won't stop even though you have requested that he/she stop, it is possible that you could obtain a restraining order preventing further calls. This would especially be true if the telephone calls were such that you felt reason to fear for your safety. If you did obtain a restraining order, and the person against whom the order was issued violated the restraining order, you could then call the police and the police would arrest that person. However, obtaining the restraining order would not be automatic. You would need to consult with an attorney regarding the nature of the phone calls to see if you had a legitimate chance of obtaining a restraining order. Good luck.

THIS RESPONSE IS NOT LEGAL ADVICE. IT HAS BEEN PROVIDED FOR EDUCATION AND INFORMATION ONLY. Mr. Mann is licensed to practice in the State of California. There is no implied or actual attorney-client relationship arising from this educational exchange. Moreover, the facts provided by you were not sufficient to allow Mr. Mann to advise you specifically regarding what you should or should not do. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Mann is under no obligation to answer subsequent emails or phone calls related to this matter, or to take any action whatsoever.

Mark as helpful

Posted

Making repeated telephone calls with the intention to annoy or harass is a misdemeanor under Penal Code section 653m.

Mark as helpful

Posted

You’ll have to get a court order prohibiting that person from calling you and then if she violates that court order she can be arrested. If you have an answering machine and the caller leaves harassing or annoying messages that would probably be enough for the police to talk to her. You can also put a caller block on your phone or change your telephone number.

If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

Mark as helpful

1 lawyer agrees

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics