Full question:
Here is my situation, I was locked out of a 'so called friends house' I politely asked him to allow me to get my phone shirt, wallet and shoes from the house and was given a key, although there was two locks on the door. I did not realize the top lock was still locked, and I pushed to open it, it popped open. I went to my wallet and my phone, and locked the door back behind me. I was unable to get my clothes and shoes cause he locked them up in his car. BUT he is sending me messages and calling the phone saying my SHOE prints are on his front door. I never once touched the door forcefully but he is setting it up as if I did. I have witness that saw my shoes locked up in his car, when they came to pick me up. I need to know what kinda trouble he is setting me up for. He also made a statement about IF he did have me arrested maybe it would get me a job. COULD I possible have a counter suit against him for harassment?
- Category: Criminal
- Subcategory: Harassment
- Date:
- State: Alabama
Answer:
It’s hard to predict what your friend might claim, but he could potentially accuse you of breaking and entering or property damage. Harassment is typically defined as a pattern of behavior intended to annoy, threaten, intimidate, or cause fear. This includes unwanted actions that create a hostile environment.
If you receive threatening calls or messages, you can report them to your local police. They may investigate and work with your phone provider to obtain the caller's information. Some phone carriers have security divisions that can help stop harassing calls. After filing a police report, contact your carrier to see if they can assist without a subpoena. If they cannot, you might consider filing a civil suit against your friend and subpoenaing the information from your phone carrier as part of your case. This information may also support a restraining order.
In Alabama, harassment is defined under § 13A-11-8. A person commits harassment if they intend to annoy or alarm someone through physical contact or abusive language. Harassing communications involve any communication meant to harass or alarm, including calls made without a legitimate purpose.
Harassment is classified as a Class C misdemeanor in Alabama.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.