What to do if my ex-girlfriend is trying to have me arrested on a false claim of aggrevated harrassment?

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What to do if my ex-girlfriend is trying to have me arrested on a false claim of aggrevated harrassment?

I did not harrass her. In fact, we don’t speak but once a month if anything. Over the last few days we’ve spokenand unfortunately we got into a heated argument; she told me that she thinks we should sever all ties. I than wrote her a e-mail ((though very harsh in nature) and let her know my feelings on the situation at hand and also let her know that I would never speak to her again in life as per her request. The next day I got a call from a police officer who said that she claims that I harrassed her and now she’s trying to charge me with aggrevated harrassment. Can this really be possible?

Asked on September 2, 2012 under Criminal Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the American court system your "ex" has the right to make a criminal or civil complaint against you with respect to the recent contact you both have had with each other. Whether any legal action comes out of it remains to be seen.

In the interim I suggest that you sever all contact with the "ex" and consult with a criminal defense attorney as a precaution as to a future petition for a restraining order against you.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is possible you could be arrested--potentially even convicted. When a crime consists of nothing but words and behavior--like harassment--then the evidence for (and against it) is essentially just the testimony of the alleged victim, of the alleged harasser, and of any other witnesses, plus any documentary evidence of contacts--like emails, phone calls, etc. If there is evidence that you have been contacting her and possibly harassing her (like a harsh email) and if she is believable and credible in her testimony, there could be enough evidence to at least charge you; and potentially, if her testimony and other evidence is very persuasive of harassment, you could be convicted.

Immediately stop ALL communications with her: do  not call her, do not email her, do not text her. If she leaves  you a message, sends you an email, etc. do NOT respond to it--but keep/save it for future reference. If in fact you are charged or arrested, retain a criminal defense attorney to help you.


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