Penal Code 653m PC makes it a crime to harass or annoy a person by way of phone calls, electronic messages or emails that are obscene, threatening or repeated in nature.The offense is a misdemeanor, punishable by up to 6 months in jail and a fine of up to $1000.00.. The full language of the code section reads that: 653m. (a) Every person who, with intent to annoy, …
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Threatening calls..... I gave my phone number to a guy next to me at a stop light and invited him to a local bar to hang out later that night.(I know, stupid move in my part) By the time he arrived at the bar I was already engaged in conversation with someone else and I kind of blew him off.
As such, here are a few tips on how to protect your rights before retaining an Oakland personal injury attorney. Collect as much evidence as possible. If your injuries are not so severe that you need to leave the scene for medical care, use your cell phone to take advantage of an evidence-gathering opportunity.
Domestic Violence. Domestic violence is abuse or threats of abuse when the person being abused and the abusive person are: Married or registered domestic partners , Divorced or separated, Dating or used to date, Living together or used to live together (but more than just roommates), OR.
Sexual assault; Making someone reasonably afraid that he or she or someone else is about to be seriously hurt (like threats or promises to harm someone); OR. Behavior like harassing, stalking, threatening, or hitting someone, disturbing someone’s peace, or destroying someone’s personal property).
Abuse of an elder or a dependent adult is abuse of: A dependent adult, who is someone between 18 and 64 that has certain mental or physical disabilities that keep him or her from being able to do normal activities or protect himself or herself.
In general, civil harassment is abuse, threats of abuse, stalking, sexual assault, or serious harassment by someone you have not dated and do NOT have a close family relationship with, like a neighbor, a roommate, or a friend (that you have never dated). It is also civil harassment if the abuse is from a family member that is not included in the list under domestic violence. So, for example, if the abuse is from an uncle or aunt, a niece or nephew, or a cousin, it is considered civil harassment and NOT domestic violence.#N#The civil harassment laws say “harassment” is:
For a workplace violence situation, the harassment is defined in the same way as for civil harassment. The difference is that the harassment happens primarily at work AND it is the employer of the harassed employee who asks for protection for the employee (and, if necessary, for the employee’s family).
The employee has suffered unlawful violence (like assault, battery or stalking) or a credible threat of violence; The unlawful violence or the threat of violence can reasonably be construed to be carried out or to have been carried out at the workplace;
You could lose wages if you cannot work, and there are consequences associated with pain, suffering, and emotional distress. Knowing that you have legal remedies is reassuring, but there is a lot of chaos and confusion after an accident. You may not have time to consult with a lawyer immediately, so you may need to take a few matters ...
The U.S. Centers for Disease Control and Prevention (CDC) reports that around 24 million people visit emergency rooms every year for injuries related to car accidents, slip and falls, and other preventable accidents. The bills for these medical costs will add up, especially when a victim requires surgery, hospitalization, rehab, physical therapy, ...
You should even avoid apologizing, as this could be viewed as an admission that your actions caused the crash. Other than exchanging basic contact and insurance details as required by law, avoid conversations. Only confirm contact information when speaking to an insurance company.
Take medical treatment seriously. Even if your injuries do not appear severe or life threatening, head to the ER, an urgent care center, or your physician’s office for care . It is also important to follow doctor’s orders for at-home care, restrictions on physical activity, and follow-up appointments.
Phone harassment is defined as any form of unsolicited telephone communication that is threatening, obscene, or unwanted. Telephone harassment occurs when someone intends to annoy, harass, threaten, or even harm you by: Making the telephone continually ring. Making obscene comments, suggestions, or requests.
Spam calls, especially those that are illegal, are a form of phone harassment that pose a severe threat to the security of your personal and financial information. Phone scammers pose as the IRS, banks, and loan services and call you in attempts to steal from you over the phone.
Intimidating or Threatening Phone Calls. Many times, phone harassers do not play tricks with their caller ID. Callers simply flood your phone with harassing phone calls from their real phone number. Typically, this type of phone harassment comes from someone you know or have once shared your phone number with.
The Telephone Consumer Protection Act was never designed to help you: Reveal the blocked caller behind the harassing phone calls you receive. Stop or prevent that caller from calling you again. Provide evidence of phone harassment in the form of call logs and voice recordings.
If you do decide to contact the police after receiving a threatening phone call, make sure to provide the following information: If the caller is not calling from a blocked or spoofed number, police can identify the caller and will forward the case to the local district attorney’s office to prosecute them.
If the caller is not calling from a blocked or spoofed number, police can identify the caller and will forward the case to the local district attorney’s office to prosecute them.
Inspectors with the Centers for Medicare and Medicaid Services found severe deficiencies and violations at 306 (twenty-six percent) of California's 1200 elder care facilities, defects which resulted in substandard care.
The Prevalence of Nursing Home Neglect and Abuse in California. California is not insulated from the national crisis of nursing home abuse. Despite state and federal laws intended to protect vulnerable residents in nursing homes, understaffing causes many homes to fall short of providing adequate care. The result is that loved ones become abuse ...
California also has one of the most vigorous nursing home inspection regimes in the entire United States. Skilled nursing facilities in the state are regularly fined and punished for violations. However, that does not always compel the facilities that are supposed to look after your loved ones to do the right thing.
A transfer or discharge to another location is necessary to ensure the patient's health, safety, or well-being. The resident's medical condition has declined so severely that the nursing staff is unable to meet their needs.
The CA Elder Abuse and Dependent Adult Civil Protection Act identifies the different types of nursing home abuse as serious bodily injury, sexual assault, injury to the victim's genitals/anus, assault with a deadly weapon, assault with force, broken bones, and wrongful death.
It is a sad fact that many instances of nursing home exploitation and abuse go unreported. In fact, some stats show that only one in every 14 cases of abuse are reported and investigated.
The Nursing Home Reform Act was passed in 1987 to establish basic standards of care for nursing home residents and set forth fundamental rights. The federal government has a large number of nursing home regulations that govern practically every aspect of management in these facilities.
You Need to Write Letters#N#I appreciate that phone calls are easier and that you shouldn't have to write a letter to your own attorney. But when the attorney does not return phone calls and you do not know why you can't reach him on the phone, send him a letter.
Ask the Phone Receptionist What is Going On#N#If you get a live person on the phone when you call the lawyer's office, ask that person why you cannot seem to talk to your lawyer. Maybe he is in the hospital or there is some other reason, and the receptionist may be able to tell you.
Request Your File - It Is Your Property#N#The file that the attorney has created and maintained on your case is actually your property. The attorney can keep a copy at his expense, but the original file and papers in it are property of the client.
If Nothing Else Works, Threaten to File a State Bar Grievance#N#A lawyer has a duty to communicate with his or her client. The failure to do so is professional misconduct. One of the functions of the State Bar is to investigate and punish professional misconduct by attorneys, based on Grievances filed by clients.