I am being cyber stalked. I have contacted the police and nothing will be done about it. I want to know if I can file a civil lawsuit forcing the police to investigate this. Please don't ask if I'm sure. I'm sure. All I need is for them to investigate and that will prove it. How do I start this process? Thank you
-
FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
By continuing to use this site, you are consenting to our Terms of Service and use of cookies.
How to stop hacking
- Thread starter dtomancak
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
Zigner
Senior Member, Non-Attorney
1: US law only.
2: You can't force the police to investigate (or the FBI, for that mattter).
quincy
Senior Member
What is the name of your state?
States have internet crime units that can investigate cyberstalking. The FBI, too, will take complaints. Visit the following FBI Internet Crime Complaint Center to see what you need to do:
https://www.ic3.gov/complaint/default.aspx
Most complaints filed through the FBI Center will be directed to the appropriate state unit for investigation.
Good luck.
Taxing Matters
Overtaxed Member
Assuming that you are in the U.S. the answer to your question is that you can file a civil lawsuit if you want, but it would be promptly dismissed for failure to state a proper claim. The police do not owe to you personally any duty under the law to investigate your complaints, make any arrests, or forward the matter to the prosecutor for prosecution. The duty the police have is to the community at large, making this a political issue, not a legal one. If you think the police are insufficiently responsive your recourse is to complain to the elected officials that supervise the police to see if that will prompt any better service.
quincy
Senior Member
Any civil action you consider would be against your cyberstalker. A civil action might make sense if you have suffered demonstrable economic injury as a result of the stalker's actions (e.g., lost a job) for which damages could be awarded. You have no civil action to pursue against the police.
Cyberstalking is most often a criminal matter. It can be charged under either federal or state cyberstalking laws. It is up to the police to investigate a complaint of cyberstalking (or refer a complaint to the proper agency) and it is up to the prosecutor to decide whether or not to prosecute a cyberstalker.
Does your cyberstalker live in the same state that you live in, or is your cyberstalker in a different state or in a different country?
Cyberstalking is most often a criminal matter. It can be charged under either federal or state cyberstalking laws. It is up to the police to investigate a complaint of cyberstalking (or refer a complaint to the proper agency) and it is up to the prosecutor to decide whether or not to prosecute a cyberstalker.
Does your cyberstalker live in the same state that you live in, or is your cyberstalker in a different state or in a different country?