arrested for criminal harrassment...how can they?

What is the name of your state? - SC

I'll try to make this brief.

Ex g/f (she is 29) and mother of our infant had filed a complaint of harrassment on me. This was after i had her served for family court - for custody of our son. Its a long story but this is her 3rd son from a different man, and she has had custody battles for all 3. She lost the first since she abandoned her son when he was 1 and his grandmother got custody for 9 years (until Mom got him back on a temp order 3 years ago due to GM's illness). This woman is a scam artist - having babies for support, dumping the father then controlling the father's visitation, lies, deceptions, hard core drug use. It goes on and on. I have never been in trouble with the law, and was duped by her on our relationship, and provided her over $12k last year alone. I became concerned last year after she abruptly ended our relationship and i ran a background check on her. Then i discovered the truth about her. There is so much more..

I had ceased contact with her shortly after i moved from CO to SC to be close to my son and she said that i could not see him anymore (for no reason). I sent formal letters via USPS certified mail requesting to see him so i had proof for the court that i had tried.

Her harrassment said I sent letters to her home, work and Aunt (I did). She also says I delivered one to work (USPS did, not me). She also said i called her after she told me not to (lie, i have cell phoen records). SHe also said i visited her Aunt and asked about her. Her Aunt was caring for a our child and we did talk about her a bit but i didn't go over there after she tld me to get a couirt order to see my son ( i have the email). I also have a phone call recorded when she threatened me saying that she would do something like this. After that night i have had no contact with her.

Anyway, its all so flimsy and obviously retaliation for my family court action. We hope the prosecutor will just drop it.

Is the burden of proof always so low for filing such a complaint?

Short answer, yes. Just because charges are filed, however, does not translate into that they can make the charges stick and the state does carry the burden of proof. Since the former girlfriend is the victim, she will have to testify if there is a trial. Once she takes the stand, her credibility comes into play and she will be subject to cross examination just as any other witness.

The assistant D.A. who is prosecuting the case will have interviewed her before trial and that's when they will find out how strong or weak there case is and how credible their "victim" is. Honestly, I've had the D.A.'s office push cases which should never have been filed right up to trial time--still hoping to get the accused to plead to something--before finally dismissing the case. Once a case is filed the D.A.'s office is extremely reluctant to dismiss because it makes them look bad--like maybe they filed a case which shouldn't have been filed. However, they recognize that going to trial on a bad case makes them look even worse and that loss of face is before a jury. So if the case is retaliation and she does have the shakey credibility that you have stated, the case will in all probability be dismissed but that can take a very long time.

Thx.
This is handled at a magristrate level.. 6 person jury - seems very informal. Its a small county in SC. My lawyer is trying to contact the prosecutor - who may be a Sheriff's deputy to just drop it.
My ex g/f is going to be arrested soon for credit card theft.... she stole my card and ordered $700 of toys for the baby on Amazon.com after she cut off contact with me and told me to get a court order to see my child. Since they are out the money, Amazon is prosecuting. Not sure why she did it - we think drugs involved in her decision making. Its awful.
I want to ask my lawyer - if we go to trial - if i can do the opening statement - and present my entire story to the jury - about her past (how she has done this to 2 other fathers for support, control, etc.), her past and recent criminal history, and dispute the actual charges, and point out its in retaliation for my custody suit. I suspsect that i can tell the story which is applicable to the case, and attacks her credibility evenbefore testimony. I cannot believe anyone would go on with this as my case is so strong to prove she lied. But then again, this has been a very surreal experience and nothing surprises me anymore.

M-