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  1. #1
    Join Date
    Aug 2007
    Posts
    8

    Unhappy Help With Electronic Harassment in Illinois

    My wife and I have been separated since august of 2006. Since I live at home, today my father was served for me for a charge of electronic harassment by my wife.

    This all started when she emailed me in April of 2007 demanding I pay for our divorce. We exchanged nasty words and pictures from the internet via yahoo mail on and off. Recently, around the middle of July, she threatened that if I did not sign the divorce papers which she claimed she could file for free, she would have me arrested. And now it seems she wants to get me for "electronic harassment"

    Luckily I was at least smart enough not to threaten her.

    I am currently under supervision for a domestic violence charge from Fed 2007, which will be expunged as long as I behave myself. Now this comes up and I am not sure what to do. I am unemployed ,trying to get a job with the help of the state due to my hearing loss. I am also seeing and counselor and psychiatrist regarding the domestic violence, due to the fact I was attacked by my parents and grandmother and had to make a plea bargin saying I pushed my mother or else I would have no place to live.

    My wife left me in dec 06 for a registered sexual predator, who called my parents number around Dec 06- Feb 07 and made threats against me. We called the police and and talked with the officer who came to our house. Would I be able to use this in court?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,656

    Default Re: Help With Electronic Harassment in Illinois

    How is it relevant to the question of whether or not you harassed her?

  3. #3
    Join Date
    Aug 2007
    Posts
    8

    Default Re: Help With Electronic Harassment in Illinois

    Because she saw fit, through her then boyfriend, to harass me. And then began emailing me. I did not initiate the contact through email.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,396

    Default Re: Help With Electronic Harassment in Illinois

    When you meet with your criminal defense lawyer, discuss these contacts. The boyfriend's harassment of you is no defense to your harassment of your girlfriend, but if she's claiming you were harassing her based upon exchanges she initiated herself or through her boyfriend that may prove relevant to your defense.

  5. #5
    Join Date
    Aug 2007
    Posts
    8

    Default Re: Help With Electronic Harassment in Illinois

    Ok thanks. I guess I'll have to get in contact with the public attorney's office. I hope this doesn't affect my supervision thou. I hardly ever even leave my house.

  6. #6
    Join Date
    Aug 2007
    Posts
    8

    Default Re: Help With Electronic Harassment in Illinois

    Ok, I actually have a couple of questions I thought up:

    1. regarding the emails between I and my wife, these were sent thru a free online email service (ie: gmail,yahoo,msn), and my name is not attached to the email address and is only mentioned in the conversation. Is it possible to play this off as one of her friends or her boyfriend and her mailing these to each other to play it off on me?

    2.How likley might the court be to supeona or however obtain information linking the account to me, if at all possible. I have changed service providers during the ongoing emails with my wife, and have not used the email provided by my ISP(s) in contact with her.

    3. Also, would the court be able to seize my computer? I don't know even If I tell them I don't have one, that they could obtain a warrant to search the house where they would be. I live with my faimly if that helps.

    I was also wondering if they could then say that I could have used a public library computer, which I have not, or a friends, which I have not.

    thanks all. This keeps coming up in my mind because my wife seems to be willing to do anything to spite me.

  7. #7
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Help With Electronic Harassment in Illinois

    1. Is it possible to play this off as one of her friends or her boyfriend and her mailing these to each other to play it off on me?

    A: Lying is always a bad idea.



    Q: How likley might the court be to supeona or however obtain information linking the account to me, if at all possible.

    A: No one knows.



    Q: Also, would the court be able to seize my computer? I don't know even If I tell them I don't have one, that they could obtain a warrant to search the house where they would be. I live with my faimly if that helps.

    A: They don't need a warrant if you are on probation.

  8. #8
    Join Date
    Aug 2007
    Posts
    8

    Default Re: Help With Electronic Harassment in Illinois

    Quote Quoting seniorjudge
    View Post

    Q: Also, would the court be able to seize my computer? I don't know even If I tell them I don't have one, that they could obtain a warrant to search the house where they would be. I live with my faimly if that helps.

    A: They don't need a warrant if you are on probation.
    I did not receive a conviction for the prior domestic charge. I plea bargained for 1yr of supervision. I should really find out when that is up..
    Does that mean I am under probation? I do not have to return to court regarding it and have no probation officer.

  9. #9
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Help With Electronic Harassment in Illinois

    Q: I did not receive a conviction for the prior domestic charge. I plea bargained for 1yr of supervision. I should really find out when that is up..
    Does that mean I am under probation?

    A: Yes, that is the definition of probation.

  10. #10
    Join Date
    Aug 2007
    Posts
    8

    Default Re: Help With Electronic Harassment in Illinois

    Quote Quoting seniorjudge
    View Post
    Q: I did not receive a conviction for the prior domestic charge. I plea bargained for 1yr of supervision. I should really find out when that is up..
    Does that mean I am under probation?

    A: Yes, that is the definition of probation.
    Ahh ok, did not know that.

    If they ask me if the emails are mine, or if the account is mine or I had knowledge of it, is there any way to phrase the answer without lying and without incriminating myself?

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