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Constant Annoyance

  • 09-12-2012 12:12am
    #1
    Registered Users, Registered Users 2 Posts: 15,127 ✭✭✭✭


    A quick question for you Legal Eagles if you wouldn't mind:

    Their is this one man who keeps on phoning me, despite me telling him every time that I DO NOT want to speak to him; he continues to phone my mobile. He even called to my HOME, lads he came to my HOME this week late one evening this week; and tonight (well Saturday) he phoned me at work.

    I am not obliged to speak to this man, I don't want to speak to this man but he has kept on calling me despite me telling me I don't want to speak nor meet with him. It's gone to to the stage now that it just feels like harassment.

    What in the name of all that is Holy can I do with this man? Tonight at work is what broke it for me. This will stop one way or another now but I need to know what best action to take with this guy if you wouldn't mind parting with your knowledge.

    Many Thanks in advance,
    kerry4sam


Comments

  • Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Do you feel yourself to be threatened and can you identify him ? Go to the gardai.

    If you don't consider yourself to be have been threatened and can identify him, contact a solicitor for legal advice.


  • Registered Users, Registered Users 2 Posts: 15,127 ✭✭✭✭kerry4sam


    Reloc8 wrote: »
    Do you feel yourself to be threatened and can you identify him ? Go to the gardai.

    If you don't consider yourself to be have been threatened and can identify him, contact a solicitor for legal advice.

    I only know of him, never met him before. Not threatened, just pure annoyance and disturbing now at this stage. He came to my home and even phoned me at work like.


  • Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    This is section 10 of the Non-Fatal Offences Against the Person Act 1997 :

    10.—(1) Any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, shall be guilty of an offence.

    (2) For the purposes of this section a person harasses another where—

    (a) he or she, by his or her acts intentionally or recklessly, seriously interferes with the other's peace and privacy or causes alarm, distress or harm to the other, and

    (b) his or her acts are such that a reasonable person would realise that the acts would seriously interfere with the other's peace and privacy or cause alarm, distress or harm to the other.

    (3) Where a person is guilty of an offence under subsection (1), the court may, in addition to or as an alternative to any other penalty, order that the person shall not, for such period as the court may specify, communicate by any means with the other person or that the person shall not approach within such distance as the court shall specify of the place of residence or employment of the other person.

    (4) A person who fails to comply with the terms of an order under subsection (3) shall be guilty of an offence.

    (5) If on the evidence the court is not satisfied that the person should be convicted of an offence under subsection (1), the court may nevertheless make an order under subsection (3) upon an application to it in that behalf if, having regard to the evidence, the court is satisfied that it is in the interests of justice so to do.

    (6) A person guilty of an offence under this section shall be liable—

    (a) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or

    (b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 7 years or to both.


    I'd advise you to pop down to the local station and talk about this. Many times a quiet word in his ear by people in uniform will cool his oats. Of course, unfortunately - because this is a horrible thing to be going through - sometimes it doesn't, and sometimes it has the opposite effect. You have to judge it yourself - but this is your option.


  • Registered Users, Registered Users 2 Posts: 15,127 ✭✭✭✭kerry4sam


    Reloc8 wrote: »
    10.—(1) Any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, shall be guilty of an offence.

    (2) For the purposes of this section a person harasses another where—

    (a) he or she, by his or her acts intentionally or recklessly, seriously interferes with the other's peace and privacy or causes alarm, distress or harm to the other, and

    (b) his or her acts are such that a reasonable person would realise that the acts would seriously interfere with the other's peace and privacy or cause alarm, distress or harm to the other.

    (3) Where a person is guilty of an offence under subsection (1), the court may, in addition to or as an alternative to any other penalty, order that the person shall not, for such period as the court may specify, communicate by any means with the other person or that the person shall not approach within such distance as the court shall specify of the place of residence or employment of the other person.

    (4) A person who fails to comply with the terms of an order under subsection (3) shall be guilty of an offence.

    (5) If on the evidence the court is not satisfied that the person should be convicted of an offence under subsection (1), the court may nevertheless make an order under subsection (3) upon an application to it in that behalf if, having regard to the evidence, the court is satisfied that it is in the interests of justice so to do.

    (6) A person guilty of an offence under this section shall be liable—

    (a) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or

    (b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 7 years or to both.

    Seriously, That more than answers my question.

    Thank You for your Prompt Replies :)


  • Registered Users, Registered Users 2 Posts: 6 MRJUBS


    nuisance, is what id call it, section 10 of the Non-Fatal Offences Against the Person Act 1997 : section 10 subsection 1

    10.—(1) Any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, shall be guilty of an offence.


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  • Registered Users, Registered Users 2 Posts: 300 ✭✭Luca Brasi


    kerry4sam wrote: »
    Seriously, That more than answers my question.

    Thank You for your Prompt Replies :)
    Start keeping a record of all contact with this person. Be sure to be able to say that you have told him to stop calling you or visiting you at work etc.
    Save any text messages and the call log on your phone.
    Make a report to the Gardai. They may caution him to desist or alternatively if it is very bad they will initiate a prosecution for harassment


  • Site Banned Posts: 60 ✭✭Prima Nocte


    kerry4sam wrote: »

    I only know of him, never met him before. Not threatened, just pure annoyance and disturbing now at this stage. He came to my home and even phoned me at work like.

    You must be a pretty hot chick.


  • Registered Users, Registered Users 2 Posts: 15,127 ✭✭✭✭kerry4sam


    You must be a pretty hot chick.

    No, it's work related. This man this evening turned to unsubstantiated threats to my Dad. I am glad I have seen this man for the way that he is & I didn't even need to meet him.


  • Registered Users, Registered Users 2 Posts: 4,939 ✭✭✭goat2


    is it a form of stalking, as he turned up at your home, and ringing,
    it can feel frightning,
    do you feel that you have to look over your shoulder when you go out,


  • Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    You must be a pretty hot chick.
    kerry4sam wrote: »
    No, it's work related. This man this evening turned to unsubstantiated threats to my Dad. I am glad I have seen this man for the way that he is & I didn't even need to meet him.

    Careful there this is how it starts.


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  • Registered Users, Registered Users 2 Posts: 15,127 ✭✭✭✭kerry4sam


    goat2 wrote: »
    is it a form of stalking, as he turned up at your home, and ringing,
    it can feel frightning,
    do you feel that you have to look over your shoulder when you go out,
    Reloc8 wrote: »
    Careful there this is how it starts.

    No, not threatened. It's directly related to the Bullying in the Workplace thread I started in After Hours recently. More from the same place of employment is all. Not surprised myself tbh.


  • Closed Accounts Posts: 1,677 ✭✭✭Eyepatch


    You must be a pretty hot chick.

    Ignorance in the first degree! Are you implying that only "hot chicks" get harassed?


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