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-   -   Criminal complaint (https://www.askmehelpdesk.com/showthread.php?t=483953)

  • Jun 30, 2010, 09:37 AM
    excon
    Quote:

    Originally Posted by bEaUtIfUlbRuNeTtE View Post
    So after she got the harassment order on me, she filled out a criminal complaint form. I got a copy in the mail. I have to appear infront of the Clerk Magistrate for a hearing to see if this should proceed to court.

    Hello again, b:

    Let me see if I understand it now, as it's COMPLETELY different than where you started.. It appears that she was granted a restraining order, and AFTER she got it, she filled out a criminal complaint for popping her tire, which you did, or was accused of doing, BEFORE she got the RO.

    Is that correct? If so, you didn't violate the RO because it wasn't in place when the tire thing happened... Or, do you need to explain again??

    excon
  • Jun 30, 2010, 11:00 AM
    bEaUtIfUlbRuNeTtE
    Quote:

    Originally Posted by excon View Post
    Hello again, b:

    Lemme see if I understand it now, as it's COMPLETELY different than where you started.. It appears that she was granted a restraining order, and AFTER she got it, she filled out a criminal complaint for popping her tire, which you did, or was accused of doing, BEFORE she got the RO.

    Is that correct? If so, you didn't violate the RO because it wasn't in place when the tire thing happened... Or, do you need to explain again???

    excon

    excon,

    She got a harassment order on me, not a restraining order; two different things but alike in ways.

    After she was granted the harassment order, I received a criminal complaint in the mail 3 days later.

    And no, I did not key her car nor did I pop her tire with a bobby pin nor did I harass or threaten her. I am being accused of such things, though. It's for personal reasons, I know it.

    I also just found out that I am attending a "show case" hearing with the clerk.
  • Jun 30, 2010, 01:30 PM
    ScottGem

    Do NOT go to the hearing without an attorney!!

    As excon said you are presenting a different story. Not sure what an harassment order is but in any case a judge has already believed her story that you have been harassing her. So what makes you think the court won't believe that you damaged her car. Also "popping" a tire is different. Using a bobby pin to let the air out is feasible.

    The question is whether you have proof that you didn't do these things.
  • Jun 30, 2010, 01:50 PM
    bEaUtIfUlbRuNeTtE
    Quote:

    Originally Posted by ScottGem View Post
    Do NOT go to the hearing without an attorney!!!!!!

    As excon said you are presenting a different story. Not sure what an harassment order is but in any case a judge has already believed her story that you have been harassing her. So what makes you think the court won't believe that you damaged her car. Also "popping" a tire is different. using a bobby pin to let the air out is feasible.

    The question is whether you have proof that you didn't do these things.

    This harassment order is new in Massachusetts. As long as you're a "victim" the judge will give it to you, no matter if he's heard the "abuser's" side of the story or not. I gave my story as well as evidence that she was the one harassing me, not me and yet the judge still granted her it. How is that fair when I had proof of harassment? It doesn't make sense. Even the cops that were involved in this did not understand why they granted her the order.

    I will not go to this hearing with an attorney.
  • Jun 30, 2010, 01:52 PM
    ScottGem
    Quote:

    Originally Posted by bEaUtIfUlbRuNeTtE View Post
    This harassment order is new in Massachusetts. As long as your a "victim" the judge will give it to you, no matter if he's heard the "abuser's" side of the story or not. I gave my story as well as evidence that she was the one harassing me, not her and yet the judge still granted her it. How is that fair when I had proof of harassment? It doesn't make sense. Even the cops doing that were involved in this did not understand why they granted her the order.

    I will not go to this hearing with an attorney.

    The law is not always fair. I don't know what proof you offered, but the judge apparently didn't believe it.

    If you don't want to go to this hearing without an attorney that's your decision, but I believe you are making a HUGE mistake.
  • Jun 30, 2010, 03:42 PM
    Fr_Chuck

    If you are expecting just truth to be all you need, and if you are expecting for any silly reason that the courts will be looking for justice, get those silly ideas out of your head.

    The courts work from laws, nothing more or less, And it appears that the court is already taking her side, and you will be coming into this, already looking like the bad guy, so it is all set against you.

    Going without an attorney? Take your toothbrush with you, since you may well be staying
  • Jun 30, 2010, 04:00 PM
    bEaUtIfUlbRuNeTtE
    Quote:

    Originally Posted by Fr_Chuck View Post
    If you are expecting just truth to be all you need, and if you are expecting for any silly reason that the courts will be looking for justice, get those silly ideas out of your head.

    The courts work from laws, nothing more or less, And it appears that the court is already taking her side, and you will be coming into this, already looking like the bad guy, so it is all set against you.

    Going without an attorney ?? take your toothbrush with you, since you may well be staying

    I never said I was going without an attorney. I am going with one. I did speak to a lawyer and he told me I'm not going to jail for this. If for some reason I am found guilty, I will have to pay.
  • Jun 30, 2010, 06:17 PM
    ScottGem
    Quote:

    Originally Posted by bEaUtIfUlbRuNeTtE View Post
    I never said I was going without an attorney. I am going with one. I did speak to a lawyer and he told me I'm not going to jail for this. If for some reason I am found guilty, I will have to pay.

    You may not have meant to say it, but this is what you posted:
    Quote:

    Originally Posted by bEaUtIfUlbRuNeTtE View Post
    I will not go to this hearing with an attorney.

    Glad to hear you are seeking legal counsel. I agree you won't see jail over this. But you could get a criminal record as well as be required to pay damages.
  • Jun 30, 2010, 06:26 PM
    Fr_Chuck

    Yes, sorry, you said you were going without one, so that is what I assumed you were doing. Glad to hear you will get one
    Let us know how it turns out
  • Jul 1, 2010, 06:45 AM
    bEaUtIfUlbRuNeTtE
    Quote:

    Originally Posted by ScottGem View Post
    You may not have meant to say it, but this is what you posted:


    Glad to hear you are seeking legal counsel. I agree you won't see jail over this. But you could get a criminal record as well as be required to pay damages.

    Wow.

    A criminal record for being completely innocent. Perfect. I do hope I find a good a** lawyer!

    Thanks for the advice everyone! I'll let you all know how it went.
  • Jul 1, 2010, 06:59 AM
    excon
    Quote:

    Originally Posted by bEaUtIfUlbRuNeTtE View Post
    Wow.... A criminal record for being completely innocent. Perfect.

    Hello again, b:

    My perfectly innocent granddaughter burned her finger the other day, when she stuck it in a candle flame. The lesson SHE learned, is that being innocent doesn't stop the world from hurting you. It's a lesson you should absorb too.

    excon
  • Jul 1, 2010, 07:43 AM
    bEaUtIfUlbRuNeTtE
    Quote:

    Originally Posted by excon View Post
    Hello again, b:

    My perfectly innocent granddaughter burned her finger the other day, when she stuck it in a candle flame. The lesson SHE learned, is that being innocent doesn't stop the world from hurting you. It's a lesson you should absorb too.

    excon

    Great advice excon! This is a lesson to be learned for sure; but how many times must I learn this "lesson" until I cry out for justice? It may just be a lesson that yes, people do harm others, but where does it end?

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