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Can you sue or take a person to court who is trying to break up your marriage and family life?

Monroe, NC |

There is a woman who is calling my husband ad bating him he has tried everything except change his number which he cannot do because it is his business # and still she calls him everyday and he says he has told her to quit calling. I have tried to be patient and all but get in her face but I don't think I should go to jail for her chasing my husband. what can I do to keep it legal and hurt her at the same time ?

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Attorney answers 1


It appears as though you are interested in seeking relief through the North Carolina "heart balm" torts. From your facts, an action for alienation of affection or criminal conversation is not likely to be successful. Please consult an attorney to more more details for further evaluation of your claim.

However, if your husband feels as though he is being harassed by this person, your husband, not you, should inquire into relief through the criminal justice system. Two statutes may be relevant to your husband's situation. First, Harassing Phone Calls, NCGS § 14‑196, which probhibts a person from repeatedly calling with the intent to abuse, annoy, threaten, harass or embarrass. Second, the Cyberstalking Statute 14-196.3. prohibits electronic communication such as text messages and emails that are threatening or repetitious for the purpose of harassment, etc. Unfortunately, from your facts since it appears this woman is not contacting you, you are not the proper person to seek relief. Therefore, it is up to your husband to do something about it. If your husband is honestly seeking to stop all contact with this woman, there are remedies available.

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