Lawyer MIA, someone please respond, then I'll stop posting it...

[Bird79]

What is the name of your state? Albany County, NY

I included all the details so people know the whole story, please take five minutes and give what ever feed back you think may be helpful. THANK YOU!!

In Oct. 2007 My husbdand (then my fiance) and I dropped off his child at his ex-wife's and her boyfriends home. She was there to receive the child as he had set up the arrangements to drop him off there at 9am. Prior to this day my husband filed a petition asking for more parenting time in family court and asking the court to address her disrupting his rights to co-parent. Needless to say she was upset about this.

Back to Oct. 8th, My husband dropped off his son, got back in the car where I remained, no incidents occured. They live about 25 min. from our home. We got back half way home and got a call from her town's police on our cell informing us her boyfriend made a tresspassing complaint against us and we were not allowed to go back on the property. Her boyfriend does own the property, she has lived there for over three years and that has always been the drop off location, we were simply returning his child as planned.

I called, as my husband was driving, telling her we got the call from the police and we won't be back on the property but needed to work out future drop off locations. they didn't answer the phone so I began leaving a message when her BF picked up and started yelling at me laughing about what they had done and insulting me. Then he hung up, I called back and began to leave an other message stating we were trying to work things out and she soon picked up yelling at me and stated don't call my house again. I didn't.

When we got home my husband tried to get ahold of her and they went back and forth with phone calls as she kept hanging up or her BF interrupted - it was chaotic. My husband and I are careful not to blow up on them as they are crazy as evidenced by the tresspassing complaint. When she answered one of my husbands calls she began saying, I could hear her as she was yelling, "Rebecca was cursing at me and hurt my feelings I will not talk to you until she apologizes" Both of us knew I had not done that but to appease her so my husband could work out pick up/drop off times and places for the next day to avoid an other day like this I called her home. No one picked up the phone, I left a message saying, " Kelly I heard you saying you felt I was harrassing you and you wouldn't speak to Pete unless I apologized. I am not understanding where you are getting that from but if you would like to discuss it you can call me at home." That was the last time I ever called this woman. (in the five years I have been with my husband I called 2 times before this day - once to ask her to stop leaving obscene messages on my machine and once because she asked me to get back to her about a transportation arrangment)

She called the house later that day and left a message she was pressing charges against us. We paid no attention to it, she finally calmed down later called back, arranged with my husband to meet in a neutral location and my husband and I moved on from the incidents of that day. Assuming her "pressing charges" against us was just an other threat like she has done in the past for stupid things- all having no grounds and she never followed through anyway.

Two weeks later I get a summons in the mail for me to appear in her towns court as she did press charges and now it was the people of the state of NY vs. me for Aggrivated harrassment in the second degree. I appeared and pled not guilty. I retained an attorney. When I went back to court the a month later the DA stated they didn't have enough time to look over the case. I went back to court in Feb. 08 and again pled not guilty, they offered me an ACOD and no illegal contact order of protection. I refused it as I have applied for a job in corrections and do not want to disclose an order of protection is against me and since she lied about this what is to say she won't make something else up to bring these charges back up in the six months the ACOD is active. Plus, I didn't do anything. I feel like my attorny just wants to close this case as it is petty and a waste of everyone's time but I do not what to plea bargin anything.

I got the statements she made, all it states is on Oct. 8, 2007 I continued to call and harrass her after she told me not to call at 9:30am. I spoke to the officer who took the complaint and asked him what his investigation consisted of and if there were other statements made which made him feel the complaint was viable. he said she just said what was in the very brief statement, he didn't have to contact me as part of any investigation and I would have to deal with it now in court.

I left the last court date (2/23) with my lawyer telling the judge I wished to go to trial and did not accept the plea bargin. My lawyer told the judge he wanted to give me the weekend to think about if I really wanted to go to trial and he would get back to the judge. I told my lawyer that day I would take my chances in trial as she can have no proof of anything as I did not harrass her, she trapped me by stating she wanted me to appologize and even so how could I have harrassed her as I did not try to alarm her, annoy her, and any call I made was with ligitament purpose. He insisted I think about it, i have not heard back from him, I have called twice to see if he made the trial date.
What gets me so upset over this is for 5 years I have taken the "high road" and put up with her lying about me to others, absolutely harrassing me calling my house calling me all sorts of names, I have tapes of her leaving vulgar insulting messages on my cell VM from 3 yrs ago- it's no use to me now (I found out), she has tried to turn my step son against me, she is just a nasty person who is making herself out to be some sort of victim.

So after that long explination I hope someone read i have a few questions:

If an order of protection is granted to her, do I have to disclose that to any employer or will it come out in a background check?

How is this complaint and so called investigation viable?

What are the chances of her getting in trouble for making statements she can't back up?

Can she be denied an order of protection (not that I plan to contact her anyway)?

Will she have to take the stand at a trial as a witness and explain further what her explination is behind her accusations?

I was told by the county sheriff's dept. the Ravena police shouldn't have taken the complaint because I alledgedly (sp?) made the calls from outside of their juristriction. So why isn't it thrown out of court for that?

Where do I go from here?

Please help, I am so frustrated, and my lawyer always seems to assume things- is in a hurry, I try to explain and ask him questions and it all seems pointless as he is vague and has to rush out of court. I just want the drama to end!

 

[BL]

Let's get the story straight .

You are not a party to the action of Custody/Visitation matters .

After the BF filed a complaint of trespassing , you repeatedly called their home , and were told not to call . You did .

Now you don't think you deserve the harassment charge , because 1 ) you don't think there's proof of harassment , and 2 ) you were told the situation never should have happened because of jurisdiction , and 3 ) you don't believe you harassed anyone .

So why hasn't your attorney filed a motion to dismiss bases on # 1 ) and 2 ) ?

You were offered a ACOD , and to be given a OP .

So all you basically have to do is except the deal , stay out of trouble , and follow the no contact order .

Can't you even do that ?

 

[Bird79]

Let's get the story straight .

You are not a party to the action of Custody/Visitation matters

**** No I am not, but how did we tresspass if we were told to drop the child off there and there was no indictation we shouldn't have followed the norm of the past 4 years.

After the BF filed a complaint of trespassing , you repeatedly called their home , and were told not to call . You did .

**** We were told not to go back on the property, we needed to know what they hell they wanted to do for the next day. She told me not to call back after the second call, I didn't until she requested I apologize, i called back leaving an assertive message and that was it. How did she want me to apologize, go back to her home? I think now looking back on it she knew what she was doing.

Now you don't think you deserve the harassment charge , because 1 ) you don't think there's proof of harassment , and 2 ) you were told the situation never should have happened because of jurisdiction , and 3 ) you don't believe you harassed anyone .

****I don't believe I derserve the harrasment charge becuase there is no proof because I did not at any time attempt to alarm or annoy her with any contact with out a ligitament purpose, I did not harass her. She has had no reservations calling my house to purposely harass me, tell my step sons daycare's lies about me so I could not pick him up so we now had to get an order in family court to allow me to pick him up on his fathers parenting time with or with out her concent. this is the type of person I am dealing with. I was trying to find out what she wanted us to do about meeting arrangements after their little stunt. She abuses the legal system with this BS.
I told my lawyer what the sherrifs dept. said he speaks like a freaking politician and rushes out of court or to an other client. I can't get him to return my calls. I have no money and have already paid him his retainer. I do not want to take the ACOD/OP because if she lied about this and has lied in the past (including petitions to family court - all not founded) what is to stop her from lying during the valid period of the ACOD so all of this can be brought back up? I have applied for a job in corrections as a counselor - I do not want to disclose there is an OP against me. Why should I have to cop to something I didn't do and which she has been guilty for in the past? she is not a victim. I want to be found not guilty to detere futher BS from her. She will see any deal I make whether it admits or doesn't admit guilt like an ACOD she will continue to validate her victim status and reach for any opportunity, even if it wasn't as easy as this one to do something again. If you lived my life for the past 5 years you would understand better- I just need the answers to my questions. I would and have stayed out of her life but will not have her lying and spreading rumors about me, for me this is a little deeper then a BS petty harrassment charge! I just want her to shut up and go away with out her being a "victim"

 

[Bird79]

my lawyer finally called me back, he explained the juistriction was valid considering the complaintant "suffered" the harrassment in that town's juristricion, he said what the sheriff said was not valid. He told me I shouldn't have to diclose if she is granted an OP but he feels once we go to trial and it is found not guilty the basis for the order is also thrown out. Prior to trial he will be sure to see any so-called evidence they intend to prosecute me which can't be much. He said if she doesn't take the stand the DA certainly wouldn't have a case against me. I hope it doesn't take an other month for me to get a hold on him. I guess this post can now close. I do think it was a good experience to have laid out the whole story even if one stranger provided feedback, although I did not like what I heard, it let me see how an outsider could see the situation which I need to consider going into trial. I would love any other feedback but I won't post this again. Thank you