New York
My husbands ex-wife has finally gone to far. 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.
She called the house later that day and left a nessage 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 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.
My husbands ex-wife has finally gone to far. 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.
She called the house later that day and left a nessage 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 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.