False Charges Against Boyfriend

Ok, very long story but here is the short version:

We are located in New York City

My boyfriend has a psychotic ex girlfriend. She has had him arrested 3 times for misdemeanor charges from harrassment to stalking (4th degree). He HAS NOT done any of these things. He has appeared in court 3 times now and they keep releasing him on his own recognizance but continue the proceedings (another court date coming in May). She has a temporary order of protection against him.

About a week ago, by a true lack of judgement on my part, I showed up at her door looking for him. When she asked me to leave, I did. However, this has put her back on the war path.

Current situation is: He is basically doing whatever she wants because he doesn't want to go back to central booking. However, by doing so he is violating the temporary order of protection. She says that if he doesn't do whatever she wants or answer the phone, etc she will call the cops and press charges against both of us (me for trespassing / harrassment) and him for something, who knows.

I'm not worried about myself but we need this to end. At this point, how can we stop her from continuing to press false charges? How do we get out of this?? Is there evidence he should bring to the next hearing that would help his case? Can we press charges against her for calling him despite the order of protection? How do we move forward??

Any help is greatly appreciated.

Quote:

---

Quoting aprilyn

---

Ok, very long story but here is the short version:

We are located in New York City

My boyfriend has a psychotic ex girlfriend. She has had him arrested 3 times for misdemeanor charges from harrassment to stalking (4th degree). He HAS NOT done any of these things. He has appeared in court 3 times now and they keep releasing him on his own recognizance but continue the proceedings (another court date coming in May). She has a temporary order of protection against him.

About a week ago, by a true lack of judgement on my part, I showed up at her door looking for him. When she asked me to leave, I did. However, this has put her back on the war path.

Current situation is: He is basically doing whatever she wants because he doesn't want to go back to central booking. However, by doing so he is violating the temporary order of protection. She says that if he doesn't do whatever she wants or answer the phone, etc she will call the cops and press charges against both of us (me for trespassing / harrassment) and him for something, who knows.

I'm not worried about myself but we need this to end. At this point, how can we stop her from continuing to press false charges? How do we get out of this?? Is there evidence he should bring to the next hearing that would help his case? Can we press charges against her for calling him despite the order of protection? How do we move forward??

Any help is greatly appreciated.

---

Contact an attorney now, and get legal advise on this. He can go to jail each time she says he is going against the order. If the one who issues the order calls him, then she is making the order null and void, this is my understanding. What he should do, is ask to speak to the judge, and voice his concerns. You were not trespassing, you never went inside, unless she asked you to, and once she told you to go, you did. She can not press charges for tresspassing way after the fact, because you could deny even being there. Even if she asks him to come over, she could set him up, ask him to come over, and call the cops, and tell them that he said he is on his way over, and then when he arrives he goes straight to jail. Take the chance, do not break the order!!!! Do not answer the phone, if you know it is her that is calling, and make her leave a message on the machine, with that, she will be charged with going against the order.

If you don't have it, get caller ID. If she leaves a phone message, as noted above, save it. Get some proof that she's calling him.

She can't be prosecuted for violating an order that's not against her, but if you can prove she's acting in a manner inconsistent with the order it will be easier to defend against her allegations, and your boyfriend may even be able to get the order set aside.

Quote:

---

Quoting aaron

---

If you don't have it, get caller ID. If she leaves a phone message, as noted above, save it. Get some proof that she's calling him.

She can't be prosecuted for violating an order that's not against her, but if you can prove she's acting in a manner inconsistent with the order it will be easier to defend against her allegations, and your boyfriend may even be able to get the order set aside.

---

I'm sorry, you are right Aaron, she can't get in trouble, but there would, as you said, be a chance of getting the order dropped. Missed ya Aaron!

(With every shot so far, thank goodness. ;))

Quote:

---

Quoting aaron

---

(With every shot so far, thank goodness. ;))

---

;) tee hee!

I went to the 43rd precinct (cause it is close to me) and they told me to have him:
1) contact the domestic violence unit @ the precinct where he has been arrested
2) place a report that of what she has been doing
3) they will remove the order of protection and possibly arrest her.

I'm gonna pass this on to him when he calls.
UGH! Get me out of this.

Quote:

---

Quoting aprilyn

---

I went to the 43rd precinct (cause it is close to me) and they told me to have him:
1) contact the domestic violence unit @ the precinct where he has been arrested
2) place a report that of what she has been doing
3) they will remove the order of protection and possibly arrest her.

I'm gonna pass this on to him when he calls.
UGH! Get me out of this.

---

Please let us know how this goes, we like to know how it goes, not just hear the problems, it also helps us know what can and can't be accomplished in certain circumstances such as yours. Good luck to your friend!!