Powder Springs, GA asked in Divorce for Georgia

Q: Can a threat to come to your residence be considered harassment?

I am in the middle of a divorce. My soon to be ex’s sister has called me & left a voicemail threatening to come to my residence and implied that she’d take physical action against me via voicemail & text. My ex has continually had people contact me for her since i have blocked her number. is this some form of harassment in georgia?

Related Topics:
2 Lawyer Answers
Patrick L. Meriwether
Patrick L. Meriwether
Answered
  • Woodstock, GA
  • Licensed in Georgia

A: Here are a few things to do. If you are represented, have your lawyer reach out to your ex's lawyer about this and ask for it to stop or you will seek other remedies. If your ex is using her sister and others to harass you, it could be considered a violation of the non-harassment provision of the domestic standing order (if one has been filed in your case). If your ex's sister is doing this on her own and she has threatened physical violence, this could be considered making a terroristic threat. That is a crime in Georgia and you could go to the police and show them the threats she has made. They might call her and strongly suggest she stop. They also might arrest her, which could create some serious backlash from your ex. The emotional response from your ex could expand your case making it more contentious. If you are represented, I would strongly suggest discussing your options with your lawyer before taking any action.

If her sister suddenly shows up at your house, ask her to leave. If she does not, she is trespassing. Call the police. They will ask her to leave and they will most likely inform her that returning could result in her arrest for criminal trespass.

Depending on the nature of the threats and the evidence you have that your ex is driving all this contact, you may have a basis for a family violence action against your ex. I do not have enough information to state whether this is a viable claim.

Homer P Jordan IV agrees with this answer

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: I agree with my colleague. If they do show up at your house call the police and let them know they left you threatening messages and are at your residence. As my colleague pointed out, you could also call the police now with the threats and report them. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.