Harassment/Threats:
When I get a case where the victim alleges that they were threatened I have to first consider exactly what the threat was and if it is considered a threat by the courts. In the LAW section I gave several examples of threats that the court considers to be violations of the law. For this case we will just use the most common threat: "I'm going to kill you."
This threat is most commonly made in person or on the telephone, but I've also seen it in letters, text messages, on a little card attached to a bouquet of dead flowers, and spray painted on the side of a house or car.
My task is to show evidence that the threat was made and who made it. If the threat was made in a conversation then I will ask if there was anybody else present who may have witnessed the threat, a witness is good evidence.
Were the threats recorded? You may think that's a stupid question because who carries a recorder around with them, recording at all times, just
in case they get threatened? Well, it's more logical than you may think. Most people aren't that surprised when they get threatened, because they've been threatened by the same person before.
Let's take a common place where threats occur, the child exchange.
If you have a child in common with your ex, then you will likely have regular contacts with them until your child is grown. If your ex wants to frighten or threaten you, he can plan all week about what he is going to say Friday afternoon. I often get cases of threats during a child exchange and I ask the victim if she recorded the threats. The victim looks at me like I'm an idiot and says, "no, how was I supposed to know he was going to threaten me?" I ask if this was the first time she was threatened and they always say that he has done it before, some say that he does it every time they exchange kids. Well, I like to call that a "clue." If it has happened before, it will happen again. It's easy to conceal a small digital recorder in your purse or pocket and start recording before you arrive at the exchange then stopping it afterwards. If no threats were made then you erase or record over it next time. If a threat was made, you now have the evidence.
Don't have a digital recorder? Check the functions on your cell phone, many of them have a record function that you can use just like a recorder.
What if the threats are nonverbal? I had a case where the ex never says anything in front of the kids, but after the kids are in their car seats he faces the victim and lifts his shirt so she can see the gun sticking out of his belt. This is a nonverbal threat meant to frighten and intimidate her and it's against the law in my state. I suggested to her that she have a friend drive separately and arrive early to the exchange which was in a hamburger joint parking lot, go inside and video tape the exchange through the window. When the victim arrived she parked right in front of the window and when the suspect arrived and played his little game, it was all caught on tape.
Don't have a video recorder? Check the functions on your cell phone, many
of them have a video function that you can use just like a video camera. The internet is full of little videos that teenagers recorded on their cell phones. Spend a few minutes figuring it out and you will be surprised how easy it is. If your cell phone doesn't have these features then maybe it's time for a new phone. Most cell phone providers will give you a big discount on a new phone if you extend your contract.
PHONE MESSAGES and VOICEMAILS
The most common evidence in threat cases is phone messages and voicemails. If someone leaves a threat on your voicemail, don't erase it. Save it and make a police report. When I get a case like this I meet with the victim and copy the message onto a digital recorder. I bought a little connector for a few dollars at Radio Shack so I can record it from a regular land-line phone which I have the victim use to retrieve her messages, that way I get a clear recording. I then have her write a statement identifying the voice making the threats and that's all I need to submit the case for charges against the suspect. If the suspect leaves five different threatening messages on one day I will submit for five charges.
If the message is not in the suspects voice, but is a soundbite from a movie, then it is not enough by itself. I can't tell you how many times a victim has played a voicemail for me and it is that song: "I'll be watching you." By itself, it is not sufficient evidence to charge someone with threats or harassment. Don't discard it right away though, because it may be used in building a stalking case if there are other incidents.
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