Defending oneself against harassment charges
I have received a court summons charging me with harassment under NY State Penal Code 240.26, section 3. I sent about nine emails to an -ex. They were all angry, but they weren't threatening. To me, this seems to be a law under which you are automatically guilty, for the harassment (so I'm told) is totally in the eyes of the receiver. After email 5, he said he had set up a spam filter. Is it my fault it didn't work? My question is: a) once charges have been filed, can they be withdrawn if my -ex so requests; and b) my attorney says ''all they'll issue is a restraining order.'' I don't WANT a restraining order! Is there such a thing as a successful defense for this charge and, if so, what is it? It's in a small town, so I don't want to risk a bench trial in case the judge is cranky.
Have I been violated
Yesterday I had an argument with my mother in a public restaraunt. I had my two children with me. The owner of the restaraunt called the police. Me and my mom spoke with the police and they left. Later on the police told me that I was going to be arrested. I went to the police station and was given an appearance ticket for two counts of endagering the welfare of a child. I was also informed that CPS had placed my children in protective custody. they said that two people who were in the restaraunt during the argument had made statements that I shook my infant daughter and slammed my toddlers face into a table!! I assure you that nothing at all like that happened. Three other people who were there signed statements in my favor.
When CPS took the children they took them to the emergency room and had them examined from head to toe. There were no signs of abuse. I have no past history of abuse. I have no criminal background or any signs of mental illness. CPS still will not let me see my children or talk to them. I think that since there was no physical evidence of abuse (not even a diaper rash!) and since there were statements made in my favor CPS should return my children to me. Is what CPS is doing to me legal?
