Telecomunications Harrassment Involving Phone, Text and Email
My question involves criminal law for the state of: Ohio
Greetings,
I am trying to determine what my odds are and how to proceed.
My ex girlfriend has done two things.
1. On Nov 29, 2010 my ex girlfriend filed a criminal complaint against me. The charge was telephone harassment.
2. On Nov 30, 2020 the same woman went and obtained a TRO against me for the same related charges.
Her accusations are:
a. Repeated phone calls to her and her friends
b. Repeated text messages to her and her friends
c. Unwanted emails to her and her friends
As a result:
a. She suffers distress
b. She feels as if I'm going to "do some harm to me (her) sexually"
Here are the facts:
a. Girlfriend and I officially broke up in late August 2010
b. It was not an amicable breakup
c. I tried to remain friends until she got pissed and threatened to go to Police if I kept calling.
d. Only contact after her declaration was to inform her of a situation where my system was hacked into and that personal information about my relationships with friends and loved ones were stored in email conversations, my personal electronic diary and in some note/manuscripts from a couple of books I was working on.
e. We only conversed in bits in pieces during October and only ONCE in November. 1 voice and 2 texts.
Here are the specifics:
During the month of September I learned that my personal network had been hacked, and the perpetrators got all of my online and offline diaries, as well as manuscripts to a couple of books I was writing. They downloaded my personal address book and copied a bunch of my emails and chat histories from GMail.
Contained in these emails and diaries and notes were tons of personal and private information about my ex wives, girlfriends, family members, people I ministered to or counseled, or who just shared with me things I would consider using as material for my book and blog.
The hackers got hold of a lot of these things and have been sending me harassing emails revealing all of my youthful indiscretions, marital/relationship woes, financial woes, and also any and all salacious things gleaned from my system as it involves others.
Now..at first I didn't realize what was going on until they:
1. Used my computer to upload viruses to my online school. Got me suspended upon proof that the hack actually took place.
2. Used my computer to hack other people's FB pages and send filthy messages
3. Reset my FB account and did the same as #2
Once I got control of my network, they took it OFFLINE.
1. They created email aliases and began to copy/paste entries from my diary, log, and email history to as many of the people in my address book that they could. Told ALL of my business and the business of the people I know and love.
WHAT DOES THIS HAVE TO DO WITH MY EX, YOU ASK?
My ex believes that I deliberately created this entire scenario in order to gain sympathy from her and to make her look bad. Why? Because the hackers got hold of a couple of email/chat sessions we had where she confesses multiple acts of infidelity towards her husband.
They send that email out to untold numbers of people with whom we are both associated. The fallout for her is that her husband is a former very popular NFL player who had no idea the extent of her infidelity.
That email was sent out on November 28th.
She went and filed on the 29th, and 30th, and is retroactively seeking relief for all the texts and calls made to her in August, Sept, and October, even thought the calls were mutually initiated.
The LAST email and voice contact I INITIATED was her was on Nov 2. The purpose of the call was to tell her that I am still attempting to find out who hacked me and that I filed a report with the FBI and local Law Enforcement back in mid-October.
The LAST email and voice message she sent me was on Nov 29 where she stated that I better get ready because she was taking me to court.
What do I have:
I HAVE PROOF from several IT Security professionals who validated that I had been hacked and HOW the hack took place. Not to mention that the hackers are so confident they won't be caught that they gave information on some of the methods they used to get me.
I HAVE PROOF that I proactively contacted my ISP, FBI, and local Law Enforcement in mid-October informing them of the breach to my network and the steps I was taking to mitigate any further breaches.
I HAVE PROOF that I contacted people before things got ugly advising them of the possible collateral damage that was pending. '
What are my chances as far as a criminal misdemeanor charge is concerned?
How should me and my attorney (who is not a criminal attorney) proceed? I'm asking because though this is a very bright and competent guy and friend, I want to be sure I am safe with him, given my limited access to funds for a defense.
Can we take all the proof that we have and present it to the Judge and Prosecutor and have this thrown out without a trial? Is the burden of proof on THEM to prove that it was me who:
1. Created multiple aliases and slandered MYSELF on email and Facebook
2. Created multiple aliases and slandered my BEST FRIENDS on email and Facebook
The story circulating on Facebook is that I've had some sort of psychotic breakdown and have succumbed to some latent schizophrenia that has now emerged since our breakup.
How can you prove that you're not a psychopath in court? Is the evidence I have supporting my case - enough?
I ended all contact with her on Nov 2.
She filed the TRO on Nov 29 after email mentioning her name was put out there.
She calls me on Nov 29 and says, I'm going to police about those emails
She texts me on Nov 29 and says I'm going to call your Pastor and give him all the emails and take you before the Church.
She filed the complaint on Nov 30.
The clerk of courts read me the complaint. She is complaining about:
a. Voice and texts that were exchanged prior to Nov 2nd.
b. Email/Facebook malice being perpetrated by my assailants. (She claims that the assailants are actually either ME, or me in conjunction with the hackers)
How can you file a TRO against an ANONYMOUS person? When she filed the TRO, she lumped in the prior voice/text discussions along with the ANONYMOUS email disruptions.
* They will find voice/texts from both parties.
* They will find that the last voice/text exchanges were mutual.
* They will find that I stopped contact on Nov 2
* They will discover she contacted me on Nov 29. That was the very same day they mentioned HER name in the email. She said that she was going to the Police. I told her that was a good idea. The more people who can assist me in reporting this madness, the better.
* They will discover that she didn't complain about anything until ONE email came out the day BEFORE.
Lumping all of this together, and retroactively complaining about phone calls that were mutual, is problematic and a waste of time. When she said that she didn't want to remain friends, I let it go. How can you report me when you're also contacting me - and even returning phone calls, and associating me with malicious anonymous emails?
The hackers make it look like I'm still harassing her. This is my MAIN issue.
I'm hoping this whole thing gets thrown out..
Any thoughts?
Re: Telecomunications Harrassment Involving Phone, Text and Email
You either committed the acts she described or you did not. You are free to present evidence of your innocence in court.
The issue is not whether she's a horrible person or "deserved it".
Re: Telecomunications Harrassment Involving Phone, Text and Email
Quote:
Quoting
Mr. Knowitall
You either committed the acts she described or you did not. You are free to present evidence of your innocence in court.
The issue is not whether she's a horrible person or "deserved it".
Her character is not in question, at least as far as I am concerned.
But I do have this question.
If our last contact was on November 2nd and she stated that she didn't want any more contact, and I complied....the she contacts ME on November 29th via phone AND text threatening to going to the Police and to my Preacher about all the previous emails and calls...how does that sit?
If I complied, how can someone retroactively go back and complain, get a TRO and file Telecom Harrassment on you?
Is that even possible to say "a month ago, I told him I didn't want to talk to him anymore, but I want to file charges anyhow."
How far can you go back?
Re: Telecomunications Harrassment Involving Phone, Text and Email
She made her case to police and they feel charges are warranted. This is what the court process is for. Is it fair? No, but what's that saying again? If she contacted you as you say and you can verify this (cell phone records etc.) then you will be exonerated in court. I should add I'm not a lawyer and my opinion is based on the info you have provided. Cheers.