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  1. #1

    Default Charged With Harassment After Confronting an Abusive Relative

    My question involves criminal law for the state of: Delaware.

    hello, when i was younger i had to live with my aunt. she was VERY ABUSIVE, i lived with her for about 5 years. the abuse was so bad that the state ended up putting me in foster care. once i turned 18 i aged out of foster care and was homeless for 3 years. last year i called my aunt to confront her about the abuse because i wanted some closure being 25 years old and not in her care any longer i knew she could not hurt me any longer. my uncle ended up passing away while i was in foster care and my aunt told me that she blames me for his death she cursed me out and called the police on me and pressed charges for harassment. I did text her after she hung up on me and let her know that i hate her guts and that she deserves to rot in hell for the rest of her life for the HORRIBLE things she did to me growing up. i have plenty of witnesses to the abuse that are going to come to court with me to explain to the judge the tings that i went through, but i want to know what are my option on how to win this case? also i have had to take off work for 4 different days because of going back and fourth to court, can i sue for punitive damages? any advice would be greatly appreciated! i have court oct, 13 2015 so i need answer's soon thank you so much for your time.

  2. #2
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    Default Re: Abusive Aunt Pressed Charges on Me for Harassment for Confronting Her About the A

    Taking witnesses to court because of your Aunt's alleged abuse will be pointless - it's not the issue at hand, at all. Add to that the fact that they cannot possibly know what you did and didn't actually experience, and you can see it's just not going to work.

    If you wish to report abuse, you are free to do that although the chances of prosecution seem slim at best.

    You will not get punitive damages, because as it stands now, she has done absolutely nothing wrong or illegal.

  3. #3

    Default Re: Abusive Aunt Pressed Charges on Me for Harassment for Confronting Her About the A

    ok but that still dosent help me figure out how to beat this charge

  4. #4
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    Default Re: Abusive Aunt Pressed Charges on Me for Harassment for Confronting Her About the A

    Quote Quoting Dustin Hensley
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    ok but that still dosent help me figure out how to beat this charge
    I'm surprised it got that far after only one phone call. Is there more to the story, Dustin?

  5. #5

    Default Re: Abusive Aunt Pressed Charges on Me for Harassment for Confronting Her About the A

    what i told you above is what happened. after she told me she blames me for my uncles death i cursed her out and called her a few well deserved names. this woman had me chained to a table with a chain and pad lock around my led and i slept in a recliner chair like that every night, she has broken my nose a few times and has cause a lot of trauma and pain in my life, so yes i called her a bitch and told her that she needs to rot in hell. also the house that she is living in was built be me and my uncle and was paid for with the money that my father sent for child support. so i also told her that she didnt deserve to live in the house. i never threated her or caused her any harm so this harassment charge is bullshit. i just want to know what i need to do to get the judge to understand my reasoning for confronting her.

  6. #6
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    Default Re: Abusive Aunt Pressed Charges on Me for Harassment for Confronting Her About the A

    You're completely and utterly missing the point. Speak to an attorney asap.

  7. #7
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    Default Re: Charged With Harassment After Confronting an Abusive Relative

    Here's the statute:
    Quote Quoting Delaware Criminal Code, Sec. 1311. Harassment; class A misdemeanor.
    (a) A person is guilty of harassment when, with intent to harass, annoy or alarm another person:

    (1) That person insults, taunts or challenges another person or engages in any other course of alarming or distressing conduct which serves no legitimate purpose and is in a manner which the person knows is likely to provoke a violent or disorderly response or cause a reasonable person to suffer fear, alarm, or distress;

    (2) Communicates with a person by telephone, telegraph, mail or any other form of written or electronic communication in a manner which the person knows is likely to cause annoyance or alarm including, but not limited to, intrastate telephone calls initiated by vendors for the purpose of selling goods or services;

    (3) Knowingly permits any telephone under that person's control to be used for a purpose prohibited by this section;

    (4) In the course of a telephone call that person uses obscene language or language suggesting that the recipient of the call engage with that person or another person in sexual relations of any sort, knowing that the person is thereby likely to cause annoyance or alarm to the recipient of the call; or

    (5) Makes repeated or anonymous telephone calls to another person whether or not conversation ensues, knowing that person is thereby likely to cause annoyance or alarm.

    (b) Harassment is a class A misdemeanor.

  8. #8
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    Default Re: Charged With Harassment After Confronting an Abusive Relative

    No one in court will care WHY you did it, based on your very long held belief that she deserved it and your real ill wishes for her. You won't be bringing in witnesses to prove your aunt really is a bitch. Your attorney, which you really really do need to get one, will tell you to at least say (through them) that you've let it go and you're getting counseling about it and are ready to move on. Retribution for wrongs that were done to you in childhood are not the purpose for your survival and your adult life. You need to go on and have a good life, get in recovery for the abuse that happened to you as a child, and become a productive person. This is the best way to honor the child support your father sent, and that you survived in a hard situation.

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