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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 19939
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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charged by former boy friend with harassment. Went to court,

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charged by former boy friend with harassment. Went to court, complaintant didn't show. Instead, checked himself into hospital. Judge postponed. He is calling my phone, home, job, friends even from hospital. I am not accepting calls. Should I get a lawyer or file a counter complaint?
Hello,

Thank you for your question. However, I am a bit confused by your question. Isn't this harassment case a criminal charge? If so, what sort of "counter complaint" would you be talking about? Has your boyfriend sued you? Have you called the police about the continuing harassment or spoken to the prosecutor?
Customer: replied 3 years ago.

Judge referred to it as a "petty" criminal case. He is making calls after he spoke to the police. He is calling my family, friends and job. I haven't pursued anything other than to show up at the hearing that was postponed.

Hello again and thank you for your reply. I am not exactly sure exactly how the judge said what he did, but what he was likely trying to say is that in NJ harassment is characterized as a petty crime. That doesn't mean "petty" in the sense that it isn't important, but there are levels of crimes, like felony, misdemeanor, and petty. It just has to do with levels of punishment. So, that is a description of the crime level. You can see a good discussion of this charge at: http://essexcountynjcriminalattorneys.wordpress.com/about/new-jersey-harassment-petty-disorderly-offense/

Now, in terms of your question, this is a crime and not a civil case, so there is no counter complaint. You already filed a complaint and now the criminal justice system and the State has the control over the case. That said, if he is continuing to do this, then you need to file another police report and also let the prosecutor who has the case know that the issue is continuing. They can add charges against him and also this should increase any punishment that he might receive.

You can also, separated, filed suit in civil court for the tort of harassment. That is separate from the criminal charge and you can sue him for damages. You will need to speak to a personal injury attorney about that. But again, that will have no direct affect on te criminal case.

Please let me know if you have any follow up questions. I would be glad to assist you further if I can.
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Customer: replied 3 years ago.

I did not file the original complaint. He did! He is the one who is calling me, family and friends. Do I file a complaint against him?

Yes, you need to call the police and file a complaint. Give them as much detail as you can, so they can follow up on it. Also, you will want to speak to your criminal defense attorney about this. If you don't have one, you really should have one. The court will appoint one if you do not have the money for one.
Customer: replied 3 years ago.

Thank you very much. You have been very helpful. Now I only need prayers!!

You're welcome and best of luck to you!

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