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False harassment charge

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rjlwhite

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

My ex-husband and I just went through a nasty divorce. He was arrested for assaulting me in September of 2012 and I filed for divorce. Our divorce was final on May 7th, 2013. My ex was not happy with the way it turned out. He did not want to pay child support, but they ordered it in addition to back child support. The judge ordered supervised visitation for my ex and our two kids. When my ex signed the judge's order, he wrote; "I am signing to acknowledge the judge said this, but I, however, do not agree with it." A couple of weeks later, my ex called me and told me that the visitation place wouldn't let him set up a visit for the weekend. I told him that I spoke to them and they told me that he was unhappy with the rules and didn't want to do the intake. He then began to threaten me and told me I better let him see the kids. We text back and forth that day, and then he called me eight times in a row, I didn't not answer them. Then he sent me a text and I text back. My neighbor text me and said his car was in my driveway, so after I work I went to the police station in my city (my ex is in the next city over) and I begged them for help, telling them I was scared. The officer told me he couldn't do anything about it unless my ex threatened to physically hurt me. The police in this city have told me this several times. But apparently, my ex called the police in his city and told them I was harassing him. 11 days later, I received a letter in the mail telling me I had a warrant for my arrest. I had forgotten about the prior incident, it had been 11 days and my ex and I hadn't talked. I thought everything was fine. I thought the warrant was for a parking ticket, but I found out it was for harassment. In the police report, my ex says he wants to prosecute. I turned myself in and the magistrate gave me an O/R so I didn't pay a bond, I was just let go. This was a horrible experience because I have never been arrested, I have never been in trouble, and I have no criminal record at all. But my ex wants revenge on me so when we go to court he will try to get me convicted. I hired a lawyer, and I have the proof on my phone that he called me eight times the same day he filed this report. Unfortunately, I did not save the text messages. I am hoping the judge will dismiss this and we can both agree in front of the judge that neither of us wants contact with each other. I do not want any contact with my ex, he was ordered supervised visits with the kids so there is no reason for him to contact me to see them. This whole thing is ridiculous. In addition to the fact that I have no criminal record, while my ex has criminal convictions dating from 1990 until November, 2012 including 3 DUI's and domestic assault, I have 2 jobs and I attend school full time working towards my bachelor's degree. I just graduated with my associate's degree in May. My ex, however, quit his job after the judge ordered child support and he is currently unemployed and owes $13,000 in back child support. The department of human services has already taken legal action against him for child support. Can anyone here tell me what they think of this case? All I want is to get it dismissed and live a peaceful life without this drama. I have never been in trouble before, so there is no need for all this. Thanks.
 


LdiJ

Senior Member
You have an attorney...you should rely on your attorney for answers. Your attorney knows the climate of your local courts far better than anyone else would.
 

justalayman

Senior Member
You will have to go through the system and defend as necessary.

If I recall correctly, your phone service provider has your texts stored in their system. If the texts would be beneficial, that is something you would want to look into.

It would likely be best for your lawyer to do this though as it is likely the records would have to be certified in some means to show they are the official information derived from the phone provider. A text on your phone is easily manipulated so without proof of accuracy, they are meaningless as "official" proof of anything.
 

rjlwhite

Junior Member
I have all the phone records and I have other proof that my ex is the one who was harassing and stalking me. I have several witnesses plus an advocate from the domestic violence crisis center coming with me. My lawyer says it will be no problem to get this dismissed, as it is obvious he did this out of anger that our divorce case didn't go the way he wanted. They said they are going to see about charging him with filing a false police report. I'm just very hurt that I had to go through this in the first place. I'm a single mom of two, my ex hasn't paid any child support in over a year, and I work 2 jobs and attend school full time. I work hard to provide a good life for my kids and I didn't deserve this at all. We are also proposing a no contact order, but I know it won't keep my ex from bothering me because when I had an order of protection against him he violated it the whole time. I filed two police reports and the police refused to help me. I'm scared of him, and I'm afraid I may have to sell my house and move to another state just to escape him.
 

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