What is the name of your state (only U.S. law)? Ohio
EDIT: Moved this post to Internet Law forum for clarity...
Greetings,
I am trying to determine what my odds are and how to proceed.
My ex girlfriend has done two things.
1. On Nov 29, 2010 my ex girlfriend filed a criminal complaint against me. The charge was telephone harassment.
2. On Nov 30, 2020 the same woman went and obtained a TRO against me for the same related charges.
Her accusations are:
a. Repeated phone calls to her and her friends
b. Repeated text messages to her and her friends
c. Unwanted emails to her and her friends
As a result:
a. She suffers distress
b. She feels as if I'm going to "do some harm to me (her) sexually"
Here are the facts:
1. Girlfriend and I officially broke up in late August 2010
2. It was not an amicable breakup
3. The reason for the breakup- I didn't trust her and according to her, I accused her of being a "whore" and "unseemly woman".
4. The reason for the breakup - I treated her like crap and judged her because of her liberal sexual past and mistreated her and judged her maliciously because of her past.
5. We tried to remain friends, but couldn't. (Why would you want to be friend with someone you consider to be a 'whore')
6. I felt guilty about my atttitude and treatment of her and tried to reach out during the course of the next couple of months and it got nowhere. So YES, I did call and text her a lot. (Aug and September)
7. We only conversed in bits in pieces during October and only ONCE in November. 1 voice and 2 texts.
Here's where it gets crazy:
During the month of September I learned that my personal network had been hacked, and the perpetrators got all of my online and offline diaries, as well as manuscripts to a couple of books I was writing. They downloaded my personal address book and copied a bunch of my emails and chat histories from GMail.
Contained in these emails and diaries and notes were tons of personal and private information about Wife #1, Wife #2, and ALL of my exe's. Information about family members who were not so upright and buddies who had cheated on their wives and such. In a nutshell, I KNEW A LOT OF PEOPLE'S SECRETS and they were contained on the hard drive of one of the computers on my network.
The hackers got that and sent me harassing emails threatening to reveal my secrets and those of the people I knew.
And that they did.
But first.. by the time I realized the hack was in place, they had:
1. Used my computer to upload viruses to my online school. Got me suspended upon proof that the hack actually took place.
2. Used my computer to hack other people's FB pages and send filthy messages
3. Reset my FB account and did the same as #2
Once I got control of my network, they took it OFFLINE.
1. They created email aliases and began to copy/paste entries from my diary, log, and email history to as many of the people in my address book that they could. Told ALL of my business and the business of the people I know and love.
WHAT DOES THIS HAVE TO DO WITH MY EX, YOU ASK?
My ex believes that I deliberately created this entire scenario in order to gain sympathy from her and to make her look bad. Why? Because the hackers got hold of a couple of email/chat sessions we had where she confesses multiple acts of infidelity towards her husband.
They send that email out to untold numbers of people with whom we are both associated. The fallout for her is that her husband is a former very popular NFL player who had no idea the extent of her infidelity.
That email was sent out on November 28th.
She went and filed on the 29th, and 30th, and is retroactively seeking relief for all the texts and calls made to her in August, Sept, and October, even thought the calls were mutually initiated.
The LAST email and voice contact I INITIATED was her was on Nov 2. The purpose of the call was to tell her that I am still attempting to find out who hacked me and that I filed a report with the FBI and local Law Enforcement back in mid-October.
The LAST email and voice message she sent me was on Nov 29 where she stated that I better get ready because she was taking me to court.
The LAST email and voice contact
I HAVE PROOF from several IT Security professionals who validated that I had been hacked and HOW the hack took place. Not to mention that the hackers are so confident they won't be caught that they gave information on some of the methods they used to get me.
I HAVE PROOF that I proactively contacted my ISP, FBI, and local Law Enforcement in mid-October informing them of the breach to my network and the steps I was taking to mitigate any further breaches.
I HAVE PROOF that Wife #1, #2, and several of my friends and ex lovers were sent similar emails from the culprit, telling their secrets as well.
What are my chances as far as a criminal misdemeanor charge is concerned? How should me and my attorney (who is not a criminal attorney) proceed? I'm asking because though this is a very bright and competent guy and friend, I want to be sure I am safe with him, given my limited access to funds for a defense.
Can we take all the proof that we have and present it to the Judge and Prosecutor and have this thrown out without a trial? Is the burden of proof on THEM to prove that it was me who:
1. Created multiple aliases and slandered MYSELF on email and Facebook
2. Created multiple aliases and slandered my BEST FRIENDS on email and Facebook
3. Created multiple aliases and accused my own mother of being a whore in email.
The story is that I've had some sort of psychotic breakdown and have succumbed to some latent schizophrenia that has now emerged since our breakup.
How can you prove that you're not a psychopath in court? Is the evidence I have supporting my case - enough?
Also...why the hell am I even going through this? LOL. This is bananas, man!
EDIT: Moved this post to Internet Law forum for clarity...
Greetings,
I am trying to determine what my odds are and how to proceed.
My ex girlfriend has done two things.
1. On Nov 29, 2010 my ex girlfriend filed a criminal complaint against me. The charge was telephone harassment.
2. On Nov 30, 2020 the same woman went and obtained a TRO against me for the same related charges.
Her accusations are:
a. Repeated phone calls to her and her friends
b. Repeated text messages to her and her friends
c. Unwanted emails to her and her friends
As a result:
a. She suffers distress
b. She feels as if I'm going to "do some harm to me (her) sexually"
Here are the facts:
1. Girlfriend and I officially broke up in late August 2010
2. It was not an amicable breakup
3. The reason for the breakup- I didn't trust her and according to her, I accused her of being a "whore" and "unseemly woman".
4. The reason for the breakup - I treated her like crap and judged her because of her liberal sexual past and mistreated her and judged her maliciously because of her past.
5. We tried to remain friends, but couldn't. (Why would you want to be friend with someone you consider to be a 'whore')
6. I felt guilty about my atttitude and treatment of her and tried to reach out during the course of the next couple of months and it got nowhere. So YES, I did call and text her a lot. (Aug and September)
7. We only conversed in bits in pieces during October and only ONCE in November. 1 voice and 2 texts.
Here's where it gets crazy:
During the month of September I learned that my personal network had been hacked, and the perpetrators got all of my online and offline diaries, as well as manuscripts to a couple of books I was writing. They downloaded my personal address book and copied a bunch of my emails and chat histories from GMail.
Contained in these emails and diaries and notes were tons of personal and private information about Wife #1, Wife #2, and ALL of my exe's. Information about family members who were not so upright and buddies who had cheated on their wives and such. In a nutshell, I KNEW A LOT OF PEOPLE'S SECRETS and they were contained on the hard drive of one of the computers on my network.
The hackers got that and sent me harassing emails threatening to reveal my secrets and those of the people I knew.
And that they did.
But first.. by the time I realized the hack was in place, they had:
1. Used my computer to upload viruses to my online school. Got me suspended upon proof that the hack actually took place.
2. Used my computer to hack other people's FB pages and send filthy messages
3. Reset my FB account and did the same as #2
Once I got control of my network, they took it OFFLINE.
1. They created email aliases and began to copy/paste entries from my diary, log, and email history to as many of the people in my address book that they could. Told ALL of my business and the business of the people I know and love.
WHAT DOES THIS HAVE TO DO WITH MY EX, YOU ASK?
My ex believes that I deliberately created this entire scenario in order to gain sympathy from her and to make her look bad. Why? Because the hackers got hold of a couple of email/chat sessions we had where she confesses multiple acts of infidelity towards her husband.
They send that email out to untold numbers of people with whom we are both associated. The fallout for her is that her husband is a former very popular NFL player who had no idea the extent of her infidelity.
That email was sent out on November 28th.
She went and filed on the 29th, and 30th, and is retroactively seeking relief for all the texts and calls made to her in August, Sept, and October, even thought the calls were mutually initiated.
The LAST email and voice contact I INITIATED was her was on Nov 2. The purpose of the call was to tell her that I am still attempting to find out who hacked me and that I filed a report with the FBI and local Law Enforcement back in mid-October.
The LAST email and voice message she sent me was on Nov 29 where she stated that I better get ready because she was taking me to court.
The LAST email and voice contact
I HAVE PROOF from several IT Security professionals who validated that I had been hacked and HOW the hack took place. Not to mention that the hackers are so confident they won't be caught that they gave information on some of the methods they used to get me.
I HAVE PROOF that I proactively contacted my ISP, FBI, and local Law Enforcement in mid-October informing them of the breach to my network and the steps I was taking to mitigate any further breaches.
I HAVE PROOF that Wife #1, #2, and several of my friends and ex lovers were sent similar emails from the culprit, telling their secrets as well.
What are my chances as far as a criminal misdemeanor charge is concerned? How should me and my attorney (who is not a criminal attorney) proceed? I'm asking because though this is a very bright and competent guy and friend, I want to be sure I am safe with him, given my limited access to funds for a defense.
Can we take all the proof that we have and present it to the Judge and Prosecutor and have this thrown out without a trial? Is the burden of proof on THEM to prove that it was me who:
1. Created multiple aliases and slandered MYSELF on email and Facebook
2. Created multiple aliases and slandered my BEST FRIENDS on email and Facebook
3. Created multiple aliases and accused my own mother of being a whore in email.
The story is that I've had some sort of psychotic breakdown and have succumbed to some latent schizophrenia that has now emerged since our breakup.
How can you prove that you're not a psychopath in court? Is the evidence I have supporting my case - enough?
Also...why the hell am I even going through this? LOL. This is bananas, man!