Harassment of the Accused by a Witness

My question involves criminal law for the state of: Georgia.

My estranged husbands friends are trying to file harassment charges against me. There is a prewarrant hearing tomorrow. My husband is testifying for his friends. I was told I dont have to be at the hearing, he took our only car and has been at the friends house so have no way to court to defend myself tomorrow. They are claiming harassing phone calls. I didnt do it. They are saying my ip address will prove I did.

Thing is my husband has been trying to get me to leave him and our home. He hadnt left the home yet when this occurred. Im thinking that he used my phone and internet to do this himself to set me up. The morning the friend filed to have the hearing he was at my house sitting outside a good 20 min. He has texted since the incident as well. Also I have numerous nasty verbally abusive texts from my husband since he left and was served w the papers to testify.

Im wondering if 1. the fact that the guy was here and texted the day he filed for this 2. If my husband sending me these nasty messages since being there and summoned to testify against me can count against them and get this all thrown out? Also how do I approach the judge with the information I have. The texts and such

If im not there in court and they find against me what can I do to prove they are harassing me and are trying to get me to leave the home and marriage? My husband left me with no car, no money, no food and no toilet paper. Thats how mean he is. I have no money for a lawyer Ive never been in trouble w the law what can I do?

Understand the basic principle is the one your mommy told you when you were little: two wrongs do not make a right. No, just because the other side may have also broken the law won't get things thrown out.

Frankly, you are best served to be represented at a pre-warrant by an attorney. You will definitely need one if the magistrate is persuaded by the complainant's presentation enough to actually institute the charges.

You can figure out some way to make it to court. Who told you you don't need to be a the hearing?

If you were told by your lawyer that you don't have to be at the hearing, you can decide with your lawyer whether or not it makes sense to attend. If you were told by somebody other than your lawyer, speak to your lawyer before making any decision not to attend.

How would your IP address prove something about your telephone use? Were the calls made through Voice Over IP (VOIP) as opposed to a traditional phone service? If so, do you use VOIP?

You should show the text messages to your lawyer and discuss them with your lawyer. Nasty messages from a third party will not affect the question of whether or not the contacts attributed to you constituted harassment.

As you are not accused of harassing your husband, even if he was ostensibly harassing you that would appear to be entirely irrelevant to the charge the friends are leveling against you. You can discuss with your lawyer how any such messages might affect your husband's credibility in court proceedings.

If you want to prove that somebody is harassing you, start by reporting the alleged harassment to the police and providing them with your evidence of harassment.

"I can't afford a lawyer" is in most cases a statement that means "I can't afford not to have a lawyer."

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Quoting TJClay2529

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I was told I dont have to be at the hearing,

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That's a dangerous lie. Who said so?

Here's what happens if you don't show up. Your husband and his friends say what they say and the judge will have to believe them, if you aren't there to challenge what they say, and rule in their favor.

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Quoting TJClay2529

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what can I do?

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You get yourself a lawyer and file for divorce. A lawyer might let his fees slide pending temporary support if you are broke.

Call around to several and see what happens.

Meantime, find some way of getting to the hearing and stand up for yourself.

If you do not have an attorney, show up for that hearing...find a way to get a ride.

I called the courts and they said I dont have to be there. Im trying to find a ride. Unfortunately I dont know anyone here in GA but his people and they wont help. Even the decent ones

I dont know what a VOIP is. They claim the messages came from a calling app and that they can get the IP address. I dont know what they mean by that. Now the fact that the accuser was in front of my house the day he did this and has texted me would that help get it thrown out? I have no money no car nothing. I dont know of any way to get one either.

The clerks at the court are barred from giving legal advice. When they say that they usually mean if you aren't there you won't face legal sanctions for not being there. As Mr. Knowitall told you if you aren't there the judge will listen to your ex and the other and will rule against you.

If you have no money and no way to get there how are you feeding yourself?

Ok I didnt find a ride. Called the courts to see what happened, courts still in session. Hopefully its not just my case cause that would mean its been 3 hrs and thats not good. I have a few cans of Chef Boy R Dee and some noodles. Im making due w the few things here to eat. He seriously left me no money no car no food a 1/2 a roll of toilet paper. I walked 2 miles to get some with change I found in the house. I literally have nothing. Hes an abuser, Verbal physical emotional and well now finacially. Ive been wanting a divorce a long time this is the last straw.

Are there not busses, or uber/lyft, or other public transportation near where you live? Taxis even?