My girlfriend's exboyfriend is thretening us, can we file a lawsuit?

Witch Hazel

You can petition the court for a restraining order, but you must have some facts to back it up. Video is the best. If you have saved messages, text or voice, that's good too. The court will not issue a RO just because you SAY he is out of his mind, you must bring something to the table. I'm on your side..believe me. But our country is getting more and more liberal with more rights going to the suspects and criminals than to the victims. Unless people and polititians change this, we must learn to adjust with the times.
Next time he is "out of his mind" call the police and insist (and you may have to INSIST!) on an incident report. Cops are inundated with paperwork these days and if they can get away with not writing one, they will.

smedrik

File for a restraining order.

Mr. Taco

Call the cops. He is guilty of stalking, threatening, and harassing you. That's against the law. You don't need to file a lawsuit. Document everything he has done, and call your local police department. Do it every time he does something. He'll either stop or go to jail.

gotta_b_kidding_me

I would talk to the police first. You can get an order of protection, but a lot of good that will do if he actually decides to harm you. If you can prove that he's threatening you (like with voice mails or email or something) you may be able to have him arrested for stalking - different states have different laws.

The first thing I'd do is start keeping a diary and tap my own phone lines so you can get some proof - print all emails and IM's ,etc.

burghgirl

Get a restraining order. Once you have it, check back with the police dept. to make sure he's been served. then just be very, very careful. If need be, alert security at your school, job whatever and let them know. It might also be wise to show friends, classmates or coworkers his picture so they know who to look out for.

Kourtney M

Go to the police station and file a report. The police will direct you from there. If it ends up getting out of hand, go to a laywer.

Butterbar Bob

Do all the other stuff that people advise, but more importantly: get a gun and learn how to use it. A restraining order won't prevent him from breaking into your house looking to kill you, and once he's there, the police won't be around to protect you.

S.A.H.M.

Depending on where you live, I'd find out with the local P.D. I had the same problem and I would record voicemails, maybe a log of when he comes around or calls. Block calls if you can. You could call the police and make reports, unless he's threatening you all or actually doing harm, there isn't much for you to do. Enough reports could classify as a stalker or harrassment.But remember that you have to actually press charges. You can't just make a report and hope for the best, there has to be an actual charge made. For the minor problems, report them that way you have proof when you get a copy and not just "what he said she said" or your journal entries. I don't think you can file a restraining order until you have enough reports or actual charges but again, I'd highly suggest you call the local police station. Ask. Tell them your concerned. Won't hurt at all and they will be aware. I wish you luck. I don't suggest you engage with him. Irony might kick in and he might press charges on you. Be careful, the unstable ex's can be scary.

msi_cord

I would go to the police and file a report and then get a restraining order against this guy first. If he continues, than pursue other legal options. Right now, you have no legal grounds to file a lawsuit against him. However, if you have a restraining order and he violates that order, you do have a legal course of action.

wennyhenny

keep a written note of the time he has threatened you, how he has threatened you (ie. over the phone, face to face etc) and what he has threatened you with. Go to the police and get a restraining order out on him. If he contacts you then, or comes within a certain distance than he can be arrested.

Tanya C

call the police department or just go there in person and file a claim...they will let you know what other steps you need to follow...

Starla

You and your girlfriend need to go to the county courthouse, go to the court clerk's office and file for a restraining order. If they feel you have a legitimate claim they will issue a temporary emergency protective order and set a Court date where a judge will rule whether or not to issue a full restraining order. While you can sue for just about anything, you would have to show damages, real documented damages; i.e. you missed work, had to pay for a counselor, etc. That being said, your case against him would most likely be criminal in nature. In any event, the quickest way to get him to stop is to file for the protective order as outlined above, and possibly file a report with the police/sheriff's department. If the authorities feel that his actions warrant a criminal charge, they will file one and it will be the District Attorney who represents your interest, he will have to hire his own attorney. However, it is a criminal charge and you will not be monetarily compensated. However, he will probably have fines, court costs, classes (such as anger management), and probation of some sort. Should you or your girlfriend be granted protective orders from this guy, and he continues to make contact he will be in violation of that protective order. When this happens, you report it to the authorities and he could face them charging him with violation of the protective order, which is also a criminal charge.

Shel K

Call the cops now. If possible, get a recording of it! That way, it's irrefutable, but of course, that is dependent on your state (In the state of Texas, only one person on the line has to be aware that a phone call is being recorded, other states require that both ends know) From there, you can get a restraining order or file charges on him for stalking, harrasment, threats and even trespassing if he's come on your property.

Best of luck to you, I had the same problem with my ex!

sMiThY

yes you can the most important record what he say to use it as an ivedence

Chez_DeVille

forget about civil litigation. If he is threatening you, he is committing a crime. Report him to the police.

In the meantime, file for a restraining order against him.

Ash

First you need to have a restraining order, you have to show that he has been threatening you and have PROOF before you can get anywhere with a lawsuit, Make sure that you always right down dates and time of what happened, also try to record any conversations.

Xavier61

Boy that is a tough one - HOW ABOUT THE POLICE????

curious_1325

you can file a law suit cus it's legal to do that

Maindrian Pace

kick his BUTT !!! defend yourself, police will not do anything unless something bad happens ..make him understand that you will not take him serious

Chad S

stop waisting time asking dumb questions on here and call your local police.

Sean

My understanding is that he will actually have to do something violent before you can get a restraining order.

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