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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27747
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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broke up with my girl friend. i asked her not to stop by. 2

Customer Question

broke up with my girl friend. i asked her not to stop by. 2 hours later, while in the bathroom she stopped by, entered my home without permission. i came out to see her in my living rom. i asked her to leave. she said no. i retreated. she came up to me, i asked to leave again. in fact i asked her why she was here without permission, why did she break into my home, and she needs to leave. she refused. i told her my intentions were to open the door and escort her out if she refuses to leave. she refused. i took her by the arm, and escorted her out. and closed and locked the door. the next day she filed for restraining order against me, and charged me with assault.
under the castle doctrine i believe i acted fairly and was within my rights.
she illegally entered my home. does she have a case. i live in Massachusetts. additionally i work in medicine and believe she is trying to ruin my reputation
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.
Hi Jacustomer,

The problem is that you took the high road. Given what happened, you should have made an immediate complaint to the police and had her charged. Unfortunately, you saw the situation as resolved and went on with your life. She took advantage of that by getting charges pressed against you instead. She can do that because all the police need to make an arrest and all the prosecutor needs to press charges is probable cause. Probable cause requires very little evidence. It is just a reasonable belief that you may have committed a criminal offense, and the word of the victim (even if the victim is just a good liar) can be enough to start the ball rolling.

The state needs a great deal more to convict you of this offense than what they have now. You must be acquitted if the state can't prove these charges against you beyond a reasonable doubt. So you do need a criminal lawyer. If you don't know where to start you could get a reliable referral from the Massachusetts Bar Association's Lawyer referral service. Their fee is reasonable, (around $50) and they promise to hook you up with an active member of the criminal bar in good professional standing. The referral fee includes a half hour consultation with the lawyer.

Talk to a lawyer before pressing charges. Now that she's already got a case against you, it is not always possible to get the same matter pressed against her. You are already a criminal defendant and should not be talking about this incident to the police and prosecutor since it can be used against you. Best to let your lawyer do the talking because he could do so in a way that wouldn't hurt your case. As for filing a charge for slander, that's a civil matter. And you would have to win this case first in order to claim that she said false things about you. Any loss or plea would make the falsehoods by definition true.