Results 1 to 9 of 9
  1. #1
    Join Date
    Jan 2010
    Posts
    3

    Default Phone Harassment

    My question involves criminal law for the state of: Massachusetts

    I live in NY. I recently received a phone call from a female relative (in MA) claiming that someone from our home (she supposedly had the call traced) was calling her and hanging up.

    Later in the same phone call she claimed the caller was a male who was being vulgar...so that narrowed it down to 4 males in the household.

    She threatened to press harassment charges. Can she actually do such a thing?

    Thank you.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Phone Harassment

    If she is in possession of a valid trace - frex from the telco or the PD - or even just Caller ID records, she certainly can.

    If someone from your household is prank calling her, you need to have a Come To Jesus chat with him right now, because he's in some trouble.

  3. #3
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Phone Harassment

    Quote Quoting helen.b
    View Post
    My question involves criminal law for the state of: Massachusetts

    I live in NY. I recently received a phone call from a female relative (in MA) claiming that someone from our home (she supposedly had the call traced) was calling her and hanging up.

    Later in the same phone call she claimed the caller was a male who was being vulgar...so that narrowed it down to 4 males in the household.

    She threatened to press harassment charges. Can she actually do such a thing?

    Thank you.
    Since the call crossed state lines, it is also possible it was a federal crime, of course depending on the nature of the action that can be proven by her.

  4. #4
    Join Date
    Jan 2010
    Posts
    3

    Default Re: Phone Harassment

    Quote Quoting LawResearcherMissy
    View Post
    If she is in possession of a valid trace - frex from the telco or the PD - or even just Caller ID records, she certainly can.

    If someone from your household is prank calling her, you need to have a Come To Jesus chat with him right now, because he's in some trouble.
    She does claim to have a trace from the PD. I have had the talk and I believe and trust that they have not been making the calls.

    If charges are pressed, WHO would they be pressed against?

    Thank you for your time.

  5. #5
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Phone Harassment

    They would be pressed against the person being accused of making the calls.

  6. #6
    Join Date
    Jan 2010
    Posts
    3

    Default Re: Phone Harassment

    Quote Quoting LawResearcherMissy
    View Post
    They would be pressed against the person being accused of making the calls.
    That's the thing, she doesn't accuse ONE person. She called to ask who was doing it and I told her that nobody was (as I strongly believe).

  7. #7
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Phone Harassment

    Then she has a problem. It's up to her to prove who did it, not up to your household to prove elsewise.

    At this point, she's only threatening. She may find that if she is unable to name a name, the police will simply shrug and tell her that they can't do anything until she decides who is doing it.

    For now, do nothing.

  8. #8
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Phone Harassment

    Allow me to state that in our current level of communication sophistication, the chances of her being mistaken as to the origin of the telephone calls approaches zero percent.

    In other words, you have a better chance of sitting next to Elvis at lunch tomorrow than the police's trace being incorrect.

  9. #9
    Join Date
    Jul 2009
    Posts
    249

    Default Re: Phone Harassment

    Quote Quoting BOR
    View Post
    Since the call crossed state lines, it is also possible it was a federal crime, of course depending on the nature of the action that can be proven by her.
    The FBI's Division of Prank and Harassing Phone Calls isn't the most famous branch of that agency. But its agents are dedicated public servants just the same. They're not in it for the glory, not them. They do it for the sheer gratification of catching the worst of the worst telephone violators.

    1. Sponsored Links
       

Similar Threads

  1. Defamation: Email and Phone Harassment
    By redsavannah90 in forum Defamation, Slander And Libel
    Replies: 1
    Last Post: 07-26-2011, 02:19 PM
  2. Phone Harassment
    By pralims in forum Orders of Protection
    Replies: 1
    Last Post: 03-17-2010, 01:45 AM
  3. Assault & Battery: Phone Harassment
    By bacon123 in forum Criminal Charges
    Replies: 1
    Last Post: 12-12-2009, 06:53 PM
  4. Harassment: Charges on Phone Threats and Sexual Phone Harassment
    By divise17 in forum Criminal Charges
    Replies: 3
    Last Post: 11-19-2008, 08:26 PM
  5. Harassment: Cell Phone Harassment
    By unicornmajic in forum Criminal Charges
    Replies: 1
    Last Post: 12-24-2007, 01:34 AM
 
 
Sponsored Links

Legal Help, Information and Resources