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jessjay79's avatar

I am being charged with harassment, what do I do?

Asked by jessjay79 (38points) October 16th, 2017

I have filed charges on my soon to be ex husband for harassment and we are awaiting trial. 2 days ago I received a citation in the mail from the magistrate stating that I am harassing him. I have not contacted him since I filed charges against him, over a month ago. He has no evidence of me harassing him, how was he able to file charges? He also states that I falsified information on our custody paperwork, which I did not. I need to know where to go from here. Obviously I will be pleading not guilty but I just don’t understand how he can get all of these charges pressed with no evidence.

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9 Answers

elbanditoroso's avatar

Get your lawyer involved. You shouldn’t being doing this process without a lawyer anyway. But if hubby is being a jerk, don’\t handle it yourself.

Unofficial_Member's avatar

If you’re really guilty you can file another charges for false accusation, that’ll will make him think twice about messing with you. The letter you received is probably a summon letter from the official to clarify the matter with you, it’s not a deadset decision to deem that you have commited a crime. You can report anything to the police these days without much tangible proof, whether or not such report can be validated is another story.

rojo's avatar

@jessjay79 I concur with @elbanditoroso, get your lawyer involved. You do not need proof to file charges, just a bank account, a little time and motivation. .

CWOTUS's avatar

Welcome to Fluther.

I think that @Unofficial_Member misspoke, and meant to say that “if you’re really NOT guilty” of those things. But you probably already knew that.

I would agree with all of those above who say that you need to get your attorney involved. There is, as @Unofficial_Member points out, an opportunity to file charges of “abuse of process” against your husband and his attorney. Assuming there’s no gray area where your husband can kinda-sorta make a case that your filing is not letter perfect, most judges take a very dim view of their courtrooms being used as a place where litigants can fight unfairly and with lies. That’s the abuse of process, and the judge will be more apt to side with the party playing fair, right off the bat.

But your charges have to be spotless, too. So your evidence has to be clear, convincing, legally-obtained, etc. There also can’t be any “agency” harassing your husband on your behalf, such as your attorney or his investigators or other agents. That counts as “you”.

As to “how could he file charges”, unless he’s doing this himself – which is permitted, that is, to file pro se motions (on one’s own behalf) – then he can get an attorney to file nearly any charge that he’s willing to pay for. However, if an attorney is filing false charges and is brought up on that charge, then he risks his livelihood (at least in that jurisdiction or state) if he persists. If he persists in some sort of legal malpractice, then he can be disbarred, and most lawyers don’t want to risk that.

Unofficial_Member's avatar

Haha. Sorry for my mistake! @CWOTUS thanks for fixing this for me. I tend to forget to type “NOT” in sentences.

marinelife's avatar

Lawyer, lawyer, lawyer! You need one!

Patty_Melt's avatar

You need a lawyer, for sure.
Until you have found someone, you can use a law library to look up specific things, but if you do that, be aware. A law library is like a set of encyclopedias which takes up an entire room, and much of it is written in a language which only resembles English.
Other than having a lawyer, that is your best bet. Trust me, you take one look at those books, and you will decide on the spot to get a lawyer.

seawulf575's avatar

Get the lawyer going on this. Harassment can take a lot of forms and we humble jellies are probably not up on all of them. If you slammed him on social media, he might be including that. If you talked to one of his co-workers about him, he could include that. Your best option is to get your lawyer going. He can find out what the basis of the charges are and best advise you on what your next step should be.

jessjay79's avatar

Thank you all for your responses. I am headed to a lawyer’s office first thing tomorrow morning.

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