My question involves civil rights in the State of: pennsylvania
I'm the father and the primary custodial parent of 2 minor children. My ex-wife moved 60 miles away 7 years ago, lost custody, and since then has been trying every stunt in the book to get primary custody. 4 trials, 3 master hearings over 7 years and the judge keeps denying her. My ex-wifes husband is very good friends with a few of the police in his small township (3-full time cops). The new stunt is to charge me with a M3 harassment charge. I don't and have never harassed and I have no arrest history. The ex and I don't verbally talk with each other and I save and keep all of my emails and texts with her. They are all normal parents stuff.. pick up the kids at 2:00.. ect. I have proof that no harassment had occurred through all of our communications.
The charge was written in the small township where she lives and where the husbands police friends work. The charge was submitted with out ever contacting me, I found out by receiving all these lawyer fliers in the mail (arrests and addresses are public records).
1. is it a normal procedure not to communicate with both side of the story before a criminal charge is filed? I wasn't alerted, notified, or anything about this matter from anyone at any time. I found out by logging on to PA Docket Search.
2. at a hearing at a magistrate, does the plaintiff have to produce evidence?
I feel that my ex-wife and her husband are conspiring with their cop friends to charge me with a bogus harassment charge to try to get a foot hold on another round of custody, (its something that has no factor but thats all shes got). Its the only thing I can think of because I'm getting the run around trying to ask questions about the charge from the officer that wrote the charge.
is this something that the ACLU, county DA, or any news outlets might be interested in? I'm going to get a lawyer to fight this but through I would throw it out on a forum to see if anyone has any input.
Any help would be appreciated.