QLD Stalked by Stepson - Mobile Phone in Mother's Name - Who to Pursue?

[Reba]

Hi there it is my first time here, glad I found you all as I need a bit of advice/help.

My husband and I have received a lot of horrible texts from his son/my stepson over the last couple of years, as he doesn't approve of our relationship. His ex wife also sent many texts. The messages are consistent with stalking due to their nature and threats etc., although the son/stepson has now stopped, when the texts were sent he was 16/17 years old.

We know that it was the mobile number he mostly used, however the mobile is on his birth mothers account and yes we have 100% proof of that. We do know that she also used the mobile phone from time to time.

Ultimately who is responsible for the texts to pursue a stalking charge - him or his mother?

Thank you in advance everyone.

 

[Sophea]

Hi Reba,

I would go to the police (who will ultimately be responsible for making a decision to prosecute either one of them) and present to them all the evidence you have. They will then be in a position to decide what further evidence might be obtained and make a decision as to whether to prosecute. As far as civil proceedings go you may have grounds to bring an action for the tort of nuisance, and in this case you could bring it against both parties, or alternatively wait to see what the police turn up on the criminal matter and then decide which one to go against.