Harassment

[Dawnaldc]

Jurisdiction

South Carolina

My friend who was convicted of a felony and just got probation is in the process of a nasty divorce..His wife is mentally ill and is on permanent disability for sever bipolar and does not want him to leave. He has had to have a restraining order filed on her because she physically assaults him and has for years..she has threatened to kill him on multiple occasions .twice this month she had filed bogus police reports against him. Yesterday the police came to his job of 27 years to question him about another false report she made claiming while she was passed out on physic drugs he came and stole her atm card..he works nights and is staying with a friend while the divorce is going on. This person had to come to his work to give the police proof he was there all day.. nothing is happening to her for making these false report but each time he had to check in with his P.O. and let her know. Today she told him if there was one more time he is contactec by the police she will violate his probation and he will go to jail. He feels like there is no help for him because of his felony..bare in mind there is a restraing order already against her...Can he actually be put in jail for false reports she is making as she is trying to ruin him for divorcing her. He has made complaints to officers yet she has never been arrested..I am of the option that he is being harassed and discriminated against.

 

[mightymoose]

If there is no merit to the reports then the officer's reports likely reflect that.
The PO will have to substantiate the reason for violating him on probation, and if the police reports do not support it then he likely has nothing to worry about.
Although the restraining order is against her, he should make no effort whatsoever to contact her, even through a third party. If he has an attorney for the divorce any contact will be made by the attorney if necessary.
He can't do anything about her making reports. If enough unfounded reports accumulate the police will become quite familiar with her. Whether or not to pursue her for making false reports is a decision he has no control over, however he can continue to make the assertion each time he is contacted. False report or not, if the report is made the police will investigate.
So long as he is not doing anything he has been ordered not to do by the court he should not worry if police come to ask questions.

 

[adjusterjack]

I guess he should have thought about the consequences of his crime before committing it instead of whining about them after conviction.

 

[mightymoose]

Well, to be fair, the question and what is described has nothing to do with the crime for which he is on probation for.
People often have this sort of problem with kooky exes. Concerns about false reporting are fairly common on here.

 

[zddoodah]

Can he actually be put in jail for false reports she is making as she is trying to ruin him for divorcing her.

There's no way anyone here can absolutely exclude the possibility that one of her reports might land him in jail.

Did you really not know that, and is that really the only thing you wanted to ask?

 

[mightymoose]

Did you really not know that, and is that really the only thing you wanted to ask?

That really isn't necessary. There has been too much of this lately. It's a wonder that some people even return after receiving some of the superfluous feedback some have to offer.

 

[leslie82]

I guess he should have thought about the consequences of his crime before committing it instead of whining about them after conviction.

C'mon that has nothing to do with his crazy ex.

 

[Dawnaldc]

There's no way anyone here can absolutely exclude the possibility that one of her reports might land him in jail.

Did you really not know that, and is that really the only thing you wanted to ask?

No, I did not know that, I am educated and hold s Masters degree in the medical field. I have never had any involvement with the law, except jury duty, and very much believe and trust in our system. However, I am now seeing another side to the system and how it can be unjust...I assume you make false reports to the police you yourself will them be held accountable.. Finding this not the case is dishearting and eye opening. In my research of the law I came across this site and thought it might be a great educational resource..

 

[Dawnaldc]

I guess he should have thought about the consequences of his crime before committing it instead of whining about them after conviction.

If there is no merit to the reports then the officer's reports likely reflect that.
The PO will have to substantiate the reason for violating him on probation, and if the police reports do not support it then he likely has nothing to worry about.
Although the restraining order is against her, he should make no effort whatsoever to contact her, even through a third party. If he has an attorney for the divorce any contact will be made by the attorney if necessary.
He can't do anything about her making reports. If enough unfounded reports accumulate the police will become quite familiar with her. Whether or not to pursue her for making false reports is a decision he has no control over, however he can continue to make the assertion each time he is contacted. False report or not, if the report is made the police will investigate.
So long as he is not doing anything he has been ordered not to do by the court he should not worry if police come to ask questions.

 

[Dawnaldc]

He does not contact her in anyway and his lawyer handles all communication as he is trying to get as far away as possible from her...However, due to her severe mental state she continues to harass him with calls and texts..he has blocked her and now she uses other people's phones..She continues to make death threats to him via phone and Matt and her home was recently reached for the weapon she claimed to have and wad going to use...Since she can't get him to stop the divorce she is trying to get him arrested for anything she can make up..Problem is this time the police came to his work place of 27 years and because of his felony, was searched and humiliated, in front of his employer..As you can imagine, employer's dont like this and threatened his job. Thank you for your defense of my post...What I didn't say was he was convicted on false statements given by two of his wife's friends that were not even there and the appointed lawyer did not bother to present the police report shoeing they were not there...The case is already in the docket to be heard by the court of appeals with an attorney that actually have the reports and such...She is determined to destroy him anyway she can and doesn't seem to anything much he can do...she had even said in a text she planned to kill him and she would get away with it because of her mental disability she would just be sent to a hospital for a year or two..

 

[mightymoose]

He does not contact her in anyway and his lawyer handles all communication as he is trying to get as far away as possible from her

This lawyer should be able to get the probation officer to cool off. Hopefully it never really comes to that.

However, due to her severe mental state she continues to harass him with calls and texts..

He should report these contacts as a violation of the restraining order every single time they occur. He will not get in trouble with probation for reporting a crime.

Since she can't get him to stop the divorce she is trying to get him arrested for anything she can make up.

Hopefully the police catch on to what she is doing. If they can prove she is knowingly making false reports they will take whatever action they can. I'm sure they don't want to deal with her either.

As you can imagine, employer's dont like this and threatened his job.

He should clearly communicate the trouble he is having to his employer.

The case is already in the docket to be heard by the court of appeals...

Good luck.