Booked for Phone Harrasment by ex

[tnkimala]

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

MY EX FILED "PHONE HARRASSMENT CHARGES" ON ME, MAY 16.

THE TEXT (AND I QUOTE) IS AS FOLLOWS:

{$4,564.40 garnish} $4,744.24 + 1750 - 600 - 1000 = $4,894.24

*the first amount refers to the money still owed by him per our divorce in 2004 for the hospital unpaid bills from 2000-03. He is once again paying $50 a month on them. The next is the amount of the cashiers check I paid on a debt he was orded to pay. He knew I had to pay it to be able to refinance my house. The third is my lawyer and mediation cost. Then the deductions are him wanting half of the original divorce lawyer cost from 2004 which he paid (we had the same lawyer and nothing was ever said about me paying, but the papers do read that we split the cost for this 2004 amount). The last is what he says the dealer offered for the '98 F150 supercab as trade in on the car he was required to buy for me per our divorce, so he kept it. The trade in was ordered in the divorce papers. I was not present when he bought the '03 taurus for me which he apparently paid $13,200 for instead of the $10k as ordered. I have a copy of the note he has with the Goodyear credit union stating he financed 13k.

I remarried in 2006. He tried to say my new husband should take over the payments then. I informed him that he would have to take legal action but I would only counter with the 5k I paid off of his debt. In June 2007, my 23 yr old daughter moved in with me after jumping a bus to run from her husband. She was you atypical college girl that got pregnant and married the guy. My ex became aware of me giving the Taurus he bought as part of our divorce to my daughter to drive. He began telling her to take over payments, despite her not having a job until recently. He ended up filing in civil court, breach of contract against me, stating that I was to pay the final 3k of the car payments. My lawyer had the case moved to divorce court and filed contempt against him for the outstanding money he never paid. The case went to mediation the beginning of this month. We could not comprimise.
Now you have the history... now my update and serious danger!

When I went to the court house in my previous county of residence (4 years ago) for the court date and time on the paper served, the deputy at the metal detector said the judge was in session at the county jail. Criminal matters were held there. My attorney was unaware of this as well. I made sure she was there with me, as well as my husband.

The judge called me first. I tried to speak, but he informed me this was only an arrainment to set a court date for June 4th. He then instructed me to go with the officer to be "booked". I began crying immediately.

I am soon to be 50 years old, graying, upswept hair and reading glasses, overweight, professional worker, Girl Scout leader, used to be Sunday School teacher!

They left me in this windowed room until I quit crying. I looked up and saw a sign above me saying "absolutely no talking" and assumed my heart wrenching tears of humiliation could be heard by all.

When the officers took me out of the room, I filled out very detailed paperwork. I had to put not only full name, address, height, weight, eyes, etc, but social security number, place of birth, length of hair, scars and list the tiny tatto I privately got when I turned 40. The officers thought me having a tattoo on my butt was hysterical.

I was finger printed and mug shot taken.
Apparently there was no bond and I was released once processed.

In my humiliation and anger, I went back inside and reported my ex husband's girlfriend for the harrassment I endured from Aug 2007 to July 2008, then I went to the court house and filed harrassment on her.

Next I will go tomorrow to the county in Kentucky where my ex took the door off my shed last summer and file criminal tresspass plus break and entry.

I was booked without a conviction!
Just based on my ex saying I harrassed him.
That is exactly the text he claims I sent in harrassment listed above. He and I spoke on the phone when I got the letter from my attorney about mediation without incident. Verizon phone so I have a date, time and length of call to provide as evidence!

He was so spitting, cussing, tire squawling mad when he was told by the mediation lawyer that he owes me the money because it is listed in our divorce for him to pay not me; he has no right to any property still in my possession after the date he signed the divorce papers because it clearly states we have settled all division of property; it was not legal for him to get things from my shed regardless of his not signing a quit claim as ordered per our divorce papers!

So he is trying to get me in any way possible. My lawyer had informed me just before the weekend that he was still ranting and raving about wanting his tiller. He wanted the amount I would settle for of what he owes. I text it to him and he didn't like it.

Now I have to worry about being a federal employee as well as a pharmacy employee with an arrest on my record now!

Man, my emotions have been rollercoasting between crying and anger all weekend. So much for my Memorial Day Holiday weekend!

I have edited all my old blogs on myspace to say my ex instead of his name. Herc has gone into work second shift this week and it is raining outside. I will be online for hours, I am sure.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[racer72]

I was booked without a conviction!

Being booked is the first part of being charged with a crime. The conviction part may come later.

Hire an attorney.

 

[tnkimala]

I need more advise please

I stated in my post that my attorney was present.

"...the judge was in session at the county jail. Criminal matters were held there. My attorney was unaware of this as well. I made sure she was there with me, as well as my husband."

I have an attorney that specializes in divorce. She assures me the charges will be dismissed. We currently have a case ongoing in mediation.

I am worried about the legality of this action as well as the rammifications of now having an arrest on my record.

What are the rules for expungement in Tennessee?

Will it be removed when dismissed or is that a seperate issue?

Did you not read the simple text answer which my text took offense?
We had a phone conversation about the cost of mediation without incident just days prior to meeting.

My lawyer depends upon my research and preparedness to make her job easier. Please advise.

 

[CourtClerk]

Please advise.

Without sitting here and going 10 pages on this, we simply can't help you like you want to. The best advice to give is to let your divorce attorney handle the divorce. Hire a CRIMINAL attorney, tomorrow.

 

[tnkimala]

public defender?

due to all the issues recurring since October with my ex of 5 years, I am broke! I am now worried about losing my jobs. Federal employees and pharmacy employees are screened and held to higher standards than most. It is very possible I might lose one or both of my jobs over this arrest.

is it possible to get a public defender?

my divorce attorney cost me $1600, then mediation, now this.

I live 150 miles round trip from my ex, plus taking off work.

I am sorry about the wordiness.

Explain my options for criminal defense please.

 

[Country Living]

tnkimala, I’ve been keeping up with all your posts. I know you only asked for help with your defense - that's why you have a lawyer.

I want to ask this as nicely and as delicately as possible - have you considered therapy? That’s not meant to be a snide or unkind remark. You have a lot of things going on in your life and you may need a little help getting things together.

 

[quincy]

I agree with Country Living that you seem to be having your fair share of problems, and most of them seem to be stemming from your involvement with your ex. Making phone calls, sending text messages, posting about your ex on a website, none of these are wise, regardless of whether they could be considered legal or not or you avoid a conviction or not. These are not wise because they are getting you into costly legal trouble.

To answer your questions, booking, as racer said, is the beginning of the procedure you will be going through. It is when the police enter the facts about your arrest and the potential charges you are facing. It includes all information about you that may be pertinent, including often taking a "mug" shot and fingerprinting you for inclusion in the record.

Phone harassment is a Class A misdemeanor in Tennessee, and a conviction on this misdemeanor can lead to up to one year in jail and a fine up to $2500 for a first offense.

Because a jail sentence is possible, you may apply for a court-appointed attorney or hire your own criminal defense attorney. Law schools (if you live near one) can also provide free student assistance (the students are supervised by a licensed attorney) and the students often have more time to devote to your case (public defenders often have very large caseloads which can limit the amount of time they have for each individual case). You may also look to see if your area has a free legal aid clinic that can help you with your defense.

To have a public defender appointed to your case, you must not only be able to show you cannot afford an attorney on your own, but you must show that you are indigent (based on the state's income guidelines). If you qualify for a court-appointed attorney, the court will choose one to handle your case.

The reason you want a criminal defense attorney representing you is that an attorney is best able to protect your rights and can work to get you the best possible outcome (ie. a lower fine, no jail time).

For expungements, they are available upon petition and would generally be granted if the charge against you has been dismissed, and for other reasons as well. A website you can visit, to print off a copy of the expungement form that must be filed, is below. When you find the "Expungement of Criminal Offender Record" form, look at the bottom of the form where it says "Provisions Relating to Adults." The first listing is "Charge has been dismissed." For more information on dismissed charges, you can Google TCA §40-32-101.

http://www.tsc.state.tn.us/geninfo/Publications/Forms/TrialCourtsFORMS/TCFormsPDF/ORDER FOR THE EXPUNGEMENT OF CRIMINAL OFFENDER RECORD.pdf.

Try to avoid any further contact with your ex - no calls, no text messages, no emails, no nothing. These are not benefitting you. You may wish to locate a mediator of some sort through whom you can communicate with your ex.

Good luck.

 

[tnkimala]

Thanks

Yeah, I guess I should have seen someone to vent my frustration concerning my ex and his girlfriend instead of blogging. Wish I had that advise last year!

I have been happily divorced since 2004, remarried 2006. My ex tried by any means to get back with me. I initiated divorce. He wanted to maintain a relationship with my daughter, his step daughter. I remained out of it.

She divorced in 2007 and needed financial assistance to pay for a lawyer. He and I were required to communicate during that time. We split all her legal fees 50/50. She jumped a bus and ran with a 9 month old baby. No job, no car. She came to live with me. There was no serious issue between my ex and I at that time.

We attended my ex's father's funeral in August of 2007. His father was the only grandfather my daughter ever knew. My ex's girlfriend took offense to me attending the funeral. She began sending me harrassing emails. I notified my ex and asked that he have her stop, which only made things worse. I tried blocking her, but she just created a new email address.

The end result was him handing her his cell which provoked her to attack me by his cell as well. Well, I knew this woman from our children going to the same school and had previously dealt with her "italian anger". So once again, as I had done over a decade previously, I became firm, dominant, and aggressive shocking her with truths she did not want to hear. It worked. She never contacted me again. She did however email my husband, thinking he would not know what I said to her, and sent an email to my daughter apologizing plus stating she would no longer be seeing my ex (lied).

I never had any more problems from Dec 2008 until May 2009, when I found my ex's diploma, cap and gown, photo and band books in a box while packing up things in a closet in April 2009. I sent him a text offering to drop it off on my way out of town. No response. We had mediation in May 2009 for contempt initiated by him in October 2008 about the extra paid for my car over the divorce agreement versus my response noting a credit card and hospital bill not paid by him. The day he walked out of mediation angry because did not want to pay me anything was the day he filed a sheriff report for phone harrassment apparently.

My lawyer informed me the following friday that my ex wanted a settlement amount. I sat down, did some numbers and sent him the text. Thus I was arrested.

The judge dismissed. He was told to contain any issues to our divorce lawyers. My lawyer threatened misuse of legal system felony charges filed. I did get him charged in KY with (reduced from criminal buglary) misdemeanor criminal trespass for removing the door of my shed to retrieve items he "forgot" over the past 5 years. Restraining order for 2 years as probation.

I filled out the paperwork for expundgement. Thank you for the online link.

We have since had a judge settle the divorce contempt issue.

By the way, my ex's girlfriend is the ex wife of the previous Circuit Court Clerk. When I filed harrassment on her, she was never served. Or rather, the sheriff now says, she was notified but out of town. (7 weeks). I dropped my charges on her the day my ex's charges on me were dismissed. He and I both signed a no contact agreement which included third party. Thus it is all over!

She continues to blog about me and defend him, but I ignore it. It is silly. Never once did I initiate any of what happen, but yes, I was stupid to allow his girlfriend to provoke me. A lesson well learned.

 

[quincy]

Some lessons, tnkimala, take longer to learn than others.

I am glad that the contempt issue was settled, harassment complaints were dismissed and you were able to get the no-contact order. It seems the worst may be over for you.

Good luck.