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A women came storming into my business, came into my office to complain and jabbed her finger into my chest almost knocking me over she was screaming obsenities 3 inches from my face, I grabbed her shoulders and pushed her away and called the police. The police arrived within 3 minutes and restrained her. She wanted to file an assault charge but the police said she was the agressor and he would not file the charge, 3 months later she went to the DA's office with a purgered statement and I was arrested for Harassment in the 2nd degree. Don't business owners have some rights when they are threatened and don't I have a right to protect my self Why should I have the restraining order on me ? I didn't invite the confrontation.
State/Country relating to Question: New York Already Tried: I'm cosidering a ACOD, but I strongly feel that is a copout and I was the victim and I would like choices and options to this matter. this is in Washington county NY
You should not have to be dealing with this. You should hire an attorney to represent your interests in court and ask that the charges be dismissed. Unfortunately, in our system, any person can go to the police office or DA's office and swear out charges against another person, and the police and/or DA are in a bad situation, particularly if the complainant tries to charge that the DA would not do anything because they are disabled, or a minority, or gay, etc. The DA was probably put in a difficult position. Here, if you reperesnt yourself, you may have trouble with it -- but with an attorney the court is more likely to take you seriously and dismiss the charges. Once dismissed, you can bring civil charges against this woman to sue her for all of your costs (attorney, etc). Good Luck. PLEASE PRESS ACCEPT SO THAT I WILL RECEIVE CREDIT FOR MY TIME. A BONUS & FEEDBACK ARE ALWAYS APPRECIATED. I WILL BE HAPPY TO ANSWER FOLLOW UP QUESTIONS ON THE SAME SUBJECT AFTER YOU HAVE ACCEPTED MY INITIAL ANSWER. THANK YOU FOR USING JUST ANSWER.
Lawyer
13 years experience in general law: RE, Consumer Prot., Family, Wills & Estates, Emplymnt, Crim Law