Laws, Constitution and Such

Look down before on CA and U.S. laws.

Oh………………Mormons…………..though I risk being accused of not liking all Mormons. Nope, just those who participate in any type of harassment. So, I was on Valentine Road the other day facing Pleasant Hill. There was a car sitting with its headlights glaring at me for at least 10 minutes (It was parked on Valentine facing the park, and on the Mormon Church side of Valentine. I got annoyed and drove across Pleasant Hill to take a look at that car. Oh, bet he had fun reporting that I acted strange near the Mormon church. He was texting on his phone so fast…………………Wow! Oh heavens! There was another car doing the same thing – I think today……………….Ooooh……..Nope. Silly people. Course you don’t hear about the 10 or more cars that swerved towards my car in Petaluma acting like they were going to hit my car…………….Maybe with incognito browsing, some of you might finally be able to think for yourselves. The only reason I care squat about Mormons is because of the Sonoma County Sheriff who sat and glared at me in the Rohnert Park Target parking lot sometime 2007-2009. I know it then because I was going to school. I think he was Mormon because I had been told that the wife of someone I considered a sort of friendly acquaintance – after a while_ had a brother………………….who is/was a Sonoma County Sheriff. Now, when you are starting to drive out of an area in a parking lot and have a man with sharp or stony features, cropped blond hair staring at you – looks could kill look………..well……………that IS weird. And then the main Sheriff really needs to know that in the town of Sonoma in 2010-2011, there were Sheriff vehicles pulled over multiple times with lights flashing – with no one pulled over. Strange. A “good Ol’s boys” club?  Well, y’all have fun ya hear?

So, papers messed up while I went out at recess time. People doing so have signed one of those forms. Has to be people who no one would think twice seeing over in that area…………Some people blend in. As far as car antics…………those are simple though there is one person who always uses that route.                                 Rare for me to got out at recess these days. Messing up instructional time. Though with email I got sent yesterday………….who knows? So, just an update – the cars coming into Sebastopol from the ?north/northwest only have to come off of Graton road or Occidental Road. I don’t think of using those roads as I always have come from the Petaluma area. Yeah, sure it’s easy from Santa Rosa and the 101. U.S. Air Force. Wonder if he is a reservist. My cousin was/is. Do you ever get too old? He is 70 now. A pilot, but with the Navy. Around age 60 he was called to duty to take young guys over to Afghanistan. None of the military people in my family agreed with it, but it was his job. If he were to do something like this harassing, that would not be upholding the constitution of the United States of America. Oh yeah. Guerneville Road. Now that one I am more familiar with. Santa Rosa and cut over to Sebastopol. Yeah, that would be the same one. Oh yeah!

Crimes

Burglary, vandalism, theft: a car charger (white with curled cord) stolen from a jacket pocket at work two days ago (21st)(plus cost of replacing it), a set of small ruby earrings given to me by my grandparents when I graduated from high school (my apartment around Christmas time), one of the outlets (from two) in my living room (I just got a six plug outlet and used that), a 2013 Hewlett Packard computer/tablet, a Samsung Tab (2011, stolen in 2013), $200 for my payment for having my work computer stolen from my house, fog lamps sometime last summer. I have been hard on my tires as have the potholes, butdoes someone owe me $20 to get a tack out of my tire two days ago. Thou Shalt not steal. Right. Slander or libel – I get them confused. Sorry, but no matter what was said or by whom it is a lie. Think I jest. Had two second graders come to a school in 1985 (I was pregnant). They had been expelled and were supposed to be at separate schools. Maybe it was drugs during pregnancy, but would not make eye contact, would leave the room at any time. Scary!                            Using a cell phone/computer to commit harassment and stalking. Such brave and noble people stalking and harassing me. I think I will start calling the police for the cars that get so close I have to pull over. Nothing than can do if they don’t see it, but I have had them go talk to people. Gas, hospital costs not covered. Psychiatrist charges $175 for half an hour.

Incomplete:

I list this down below. What is so fascinating is the “interactive computer service or electronic communication service.” Phones are now computers and electronic communication services…………..so when an alert is sent out and its intent is to harass, intimidate or place under surveillance with intent to …………………..harass or intimidate another person…………….

(2) with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, uses the mail, any interactive computer service or electronic communication service or electronic communication system of interstate commerce, or any other facility of interstate or foreign commerce to engage in a course of conduct that–

http://twothirds.us/the-oaths-of-office/

“I, [name], do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” 5 U.S.C. §3331

The Constitution not only establishes our system of government, it actually defines the work role for Federal employees – “to establish Justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty.”

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http://www.courts.ca.gov/1258.htm

Civil Harassment

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.
The civil harassment laws say “harassment” is:

  • Unlawful violence, like assault or battery or stalking, OR
  • A credible threat of violence, AND
  • The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it.

“Credible threat of violence” means intentionally saying something or acting in a way that would make a reasonable person afraid for his or her safety or the safety of his or her family. A “credible threat of violence” includes following or stalking someone or making harassing calls or sending harassing messages (by phone, mail, or e-mail) over a period of time (even if it is a short time)

There was a restraining order taken out by someone against the Mormon Church – the whole church. It had to do with people coming up to this person’s door. They would not take “No” for an answer.

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https://victimsofcrime.org/our-programs/stalking-resource-center/stalking-laws/federal-stalking-laws

Stalking

18 USCS § 2261A. Stalking. (2013)
Whoever–
(1) travels in interstate or foreign commerce or is present within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel or presence engages in conduct that–

(A) places that person in reasonable fear of the death of, or serious bodily injury to–

(i) that person;

(ii) an immediate family member (as defined in section 115) of that person; or

(iii) a spouse or intimate partner of that person; or

(B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of subparagraph (A); or

(2) with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, uses the mail, any interactive computer service or electronic communication service or electronic communication system of interstate commerce, or any other facility of interstate or foreign commerce to engage in a course of conduct that–

(A) places that person in reasonable fear of the death of or serious bodily injury to a person described in clause (i), (ii), or (iii) of paragraph (1)(A); or

(B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of paragraph (1)(A),

shall be punished as provided in section 2261(b) of this title.

Notes:
2000. Act Oct. 28, 2000, substituted this section for one which read:
Ҥ 2261A. Interstate stalking

“Whoever travels across a State line or within the special maritime and territorial jurisdiction of the United States with the intent to injure or harass another person, and in the course of, or as a result of, such travel places that person in reasonable fear of the death of, or serious bodily injury (as defined in section 1365(g)(3) of this title) to, that person or a member of that person’s immediate family (as defined in section 115 of this title) shall be punished as provided in section 2261 of this title.”

2006. Act Jan. 5, 2006, substituted this section for one which read:
Ҥ 2261A. Interstate stalking.

Whoever-

(1) travels in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel places that person in reasonable fear of the death of, or serious bodily injury to, that person, a member of the immediate family (as defined in section 115) of that person, or the spouse or intimate partner of that person; or

(2) with the intent-

(A) to kill or injure a person in another State or tribal jurisdiction or within the special maritime and territorial jurisdiction of the United States; or

(B) to place a person in another State or tribal jurisdiction, or within the special maritime and territorial jurisdiction of the United States, in reasonable fear of the death of, or serious bodily injury to-

(i) that person;

(ii) a member of the immediate family (as defined in section 115) of that person; or

(iii) a spouse or intimate partner of that person,

uses the mail or any facility of interstate or foreign commerce to engage in a course of conduct that places that person in reasonable fear of the death of, or serious bodily injury to, any of the persons described in clauses (i) through (iii),

shall be punished as provided in section 2261(b).”

Although the matter following para. (2)(B)(iii) was aligned with subpara. (B), we have set it out at the paragraph level to effectuate the probable intent of Congress.

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http://www.rentprep.com/property-management/landlords-guide-avoid-harassment/

________________________________________________________________

The domestic violence laws say “abuse” is:

  • Physically hurting or trying to hurt someone intentionally or recklessly;
  • 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).

Keep in mind that abuse and domestic violence do not have to be only physical. Abuse can be verbal (spoken), emotional, or psychological. You do not have to be physically hit to be abused. Often, abuse takes many forms, and abusers use a combination of tactics to control and have power over the person being abused. Read more about Domestic Violence.

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I have to sort through this:

Criminal cases are investigated and prosecuted differently from civil cases. More and stronger evidence is needed to obtain a criminal conviction than to win a civil suit. Should the defendant be acquitted, the government has no right of appeal. A federal criminal conviction also requires a unanimous decision by 12 jurors (or by a judge only if the defendant chooses not to have a jury). Civil cases are usually heard by a judge, but occasionally a jury will decide the case. Both criminal and civil cases can be resolved without a trial where both sides agree and with the concurrence of the judge; this is done by a plea agreement in a criminal case and by a consent decree in a civil suit. In criminal cases, judges must use the Federal Sentencing Guidelines in determining the defendant’s punishment, whereas judges in civil suits may or may not adopt remedies as recommended by the government when it wins.

Q. If there is no violence or threat of violence, whom should I contact?

A. If no violence is involved, complaints should be submitted in writing to the Civil Rights Division, where it will be forwarded to the appropriate Section for review. The Division’s mailing address is:

Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Ave., NW
Washington, D.C. 20530

Q. What do I do when my civil rights have been violated, and can I make a complaint on behalf of someone else? Must it be in writing?

A. Individuals may report possible violations on their own or on behalf of others if they have sufficient first-hand information about the incident. The information provided should include names of the victim(s), any witnesses, and the perpetrators (if known), a description of the events, and whether any physical injuries or physical damage were incurred. Complaints in writing are preferred, but there may be circumstances when a telephone complaint is appropriate (especially if there is an immediate danger). The “blue pages” of your local telephone book should have the phone numbers and addresses for the agencies shown below.

Hate crimes:

  • Local FBI field office or
  • Local police department

Health care access interference:

  • Local FBI field office [phone threats]
  • Local ATF (Treasury) [bombing or arson]

Involuntary servitude or migrant worker exploitation:

  • Local FBI field office or
  • Trafficking in Persons and Worker Exploitation Task Force — 1-888-428-7581 (weekdays 9 AM – 5 PM EST) — [available in 100 languages during work hours and English, Spanish, Russian, and Mandarin after hours]

Housing interference:

  • Local FBI field office and/or
  • Local HUD office

Official misconduct:

  • Local FBI field office

Religious interference or property damage:

  • Local FBI field office

If you are unable to locate the appropriate office listed above, please send the complaint in writing directly to the Criminal Section at the following address:

Criminal Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66018
Washington, D.C. 20035-6018

Q. Is there a cost involved in making a complaint?

A. There is NO FEE required to file a complaint.

Q. What help can I receive if I am a victim whose civil rights have been violated?

A. During the course of a federal criminal civil rights investigation, the victim may be eligible to receive compensation and other assistance provided through various local government and private agencies. Each state has eligibility requirements for receiving compensation, usually requiring that the victim promptly report the incident and cooperate with the police and prosecutors. In general, victims may be compensated for medical and mental health treatment, funerals, lost wages, and crime scene clean-up.

These programs have been established in every state and receive federal grants from a fund consisting of fines paid by convicted defendants nationwide.

Q. Can a victim receive monetary compensation as the result of a criminal case?

A. If a defendant is convicted as the result of a federal criminal civil rights prosecution, the government will ask the court to order restitution to be paid to the victim where it is permitted by law and appropriate to the facts of the case.

Q. Will the federal government represent me in a lawsuit against the defendant?

A. The United States government cannot represent a victim in a civil suit arising out of a criminal civil rights violation. Victims may contact a private attorney to pursue a civil action even if there has been a federal prosecution for the same incident.

Q. Do all federal criminal civil rights violations require racial, religious, or ethnic hatred? If not, what does “color of law” mean?

A. Official misconduct and slavery cases (such as police beatings and migrant worker exploitation) do NOT require that the law enforcement officer or exploiter have acted out of hatred for the victim because of the victim’s race, national origin, color, or religion. However, there are several laws that do require that the unlawful acts be based upon such a discriminatory motivation. These include housing and religious interference or acts intended to prevent an individual from enjoying certain federal rights (voting, employment, use of public facilities or access to health care [gender]).

“Color of law” is a legal term used in official misconduct cases. It means that the law enforcement officer acted while abusing the authority given to him or her by reason of his or her employment as a public official.

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