Difficulties with evidence of DV (written letters from abuser)

[Zigner]

My, it's getting crowded in my sandbox...

 

[xylene]

In the absence of some sort of restraining/no contact order, taunting emails are legal.

Sure sounds like aggravated harassment in the second degree.

 

[quincy]

Sure sounds like aggravated harassment in the second degree.

For aggravated harassment, there must be a threat of physical harm or harm to property. The emails purportedly detail incidents of past abuse - not current abuse or a threat of future abuse.

 

[Just Blue]

[QUOTE="not2cleverRed, post: 3640148, member: 418314"

However, your post, showing your lack of legal understanding, is appalling. One does not get arrested for "domestic violence" in New York. One gets arrested for assault, battery, assault and battery, etc. As far as psychological abuse - no, the police are not going to arrest anyone for that based on some emails or texts.

Pound sand Red. I was trying to explain her point of view, not express a legal opinion, as it appeared to me that you misunderstood her point of view. No, I am not an expert on criminal law, but you are definitely splitting hairs with that statement.

I
[/QUOTE]
No she's not splitting hairs. That you can't ever show some grace and acknowledge your error is, in my opinion, appalling.

 

[Just Blue]

My, it's getting crowded in my sandbox...

Anyone in your sandbox is in very good company.

 

[stealth2]

Oh, Lord. When will we all act like adults?

 

[Mass_Shyster]

Oh, Lord. When will we all act like adults?

When we get older

 

[not2cleverRed]

For aggravated harassment, there must be a threat of physical harm or harm to property. The emails purportedly detail incidents of past abuse - not current abuse or a threat of future abuse.

Exactly.

 

[Shadowbunny]

OP, it is SO easy to fake emails, texts (and, as we've learned recently, videos). The police may have given you some convoluted advice, but they WERE right about the emails not being useful as evidence. And it has nothing to do with your husband's honesty, and everything to do with the ease with which one can fake an email.

 

[commentator]

Honestly I have dealt with many domestic abuse situations and I don't believe I've seen and really cannot imagine a situation where the perpetrator of long term physical and mental and sexual abuse sat down, after the person had gone and wrote detailed emails to their now fled spouse, NOT begging them to come back or promising to change, or even threatening to make them pay in the future, but rather where they confessed every incident of abuse that has happened in the past.

And then explained in greatest detail how they managed to convince all friends and family members that the other person was the abuser, or that nothing wrong was happening. Oh yes, and in the meantime they also confessed to and bragged about having committed several other crimes. He told her how he is a con man and has scammed the friends, family and the government. He isn't a very bright con man, from the sound of this. This story just doesn't sound right. And as it has been pointed out, they just don't take emails as evidence of abuse and rush out and throw someone in the pokey because he allegedly wrote them.

I think this person has gotten a really confused and distorted interpretation of what they were actually told by the local police when they carried in these really amazing confess-everything-I-ever-did wrong-in-great-detail emails.