PA - harassment charge questions.

[dad4457]

What is the name of your state (only U.S. law)? PA

I'm going through a heated custody battle and the ex wife and her boyfriend are pulling out all kinds of tricks. He filed a harassment suite against me and I have questions on how this was possible.

Last Saturday, the boyfriend came onto my property to get the kids for our (me and my ex-wife) custody exchange at 10:00 am. The kids were transfered to him and he started to argue with me about a scheduling conflict me and the ex had about one of our kids activities earlier that week in my yard. Argument was over (only lasted about a minute) and he got into his car and drove off with the kids. No physical contact was made or police were called. I get a citation for harassment in the mail a few days later. The citation did not contain any information other than a copy from the Harassment - 18 Pa. Cons. Stat. § 2709 (a) 3 section of the PA law.

Questions.
1. It happened on my property yet he filed the paperwork in his town (an hour away). The citation came from his police department an hour away from where I live and where the action took place. Is that possible?

2. Can he even file harassment against me if he came onto my property and started and argument with me?

3. does a citation have to include information about the event?

I filed a right to know form with his police dept to get any information on the citations but wanted to get a forum take on this. I'm new to getting criminal charges and have no idea how serious this is. This is my first (non-traffic) citation ever

 

[LdiJ]

What is the name of your state (only U.S. law)? PA

I'm going through a heated custody battle and the ex wife and her boyfriend are pulling out all kinds of tricks. He filed a harassment suite against me and I have questions on how this was possible.

Last Saturday, the boyfriend came onto my property to get the kids for our (me and my ex-wife) custody exchange at 10:00 am. The kids were transfered to him and he started to argue with me about a scheduling conflict me and the ex had about one of our kids activities earlier that week in my yard. Argument was over (only lasted about a minute) and he got into his car and drove off with the kids. No physical contact was made or police were called. I get a citation for harassment in the mail a few days later. The citation did not contain any information other than a copy from the Harassment - 18 Pa. Cons. Stat. § 2709 (a) 3 section of the PA law.

Questions.
1. It happened on my property yet he filed the paperwork in his town (an hour away). The citation came from his police department an hour away from where I live and where the action took place. Is that possible?

2. Can he even file harassment against me if he came onto my property and started and argument with me?

3. does a citation have to include information about the event?

I filed a right to know form with his police dept to get any information on the citations but wanted to get a forum take on this. I'm new to getting criminal charges and have no idea how serious this is. This is my first (non-traffic) citation ever

I would get an attorney on this ASAP. Its absurd that an harassment citation was issued without you even being interviewed (at least by phone) by the police. Assuming that you are telling the truth, there would be absolutely no evidence.

 

[dad4457]

I actually got a response back from the right to know officer about my inquire into the charges against me and this is what she emailed back

"I have shared your email with the Chief of Police and he advised me that this is a police issue"

Is there something anywhere in PA law that a person must be told what they are being accused of? I think its bazaar the a citation can be written to me and nobody (police, right to know officer, County DA, or that local magistrate office) can inform me what the charges are. This is what the citations says

"Defendant did with intent to harass annoy or alarm another person did endanger in a course of conduct or repeatedly committed acts which server no legitimate purpose."

So I got that citation on the mail with zero explanation.. and police, right to know officer, County DA, or the local magistrate office can not tell me anything more than that... It seems not to be lawful.. I have no idea though.

 

[FlyingRon]

The citation is the thing that tells you what you are charged with. With that wording we're talking about 18 Pa. CS 2709 (C) harassment. This is a summary charge. You can contest it in front of the magistrate when you have your court date. You'll get the details from the police then. I'd advise a lawyer anyhow. They can usually ferret out the information in advance and see if there's something that can be done.

The citation doesn't need any more detail than what you were given.
Yes you can be guilty of harassment even if you do it on your own property.

The venue issue does seem sketchy.